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ROSENGART v. OSTREX CO.

Patent Appeals No. 4720.

136 F.2d 249 (1943)

ROSENGART v. OSTREX CO., Inc.

Court of Customs and Patent Appeals.

May 3, 1943.

Attorney(s) appearing for the Case

Asher Blum, of New York City (Charles R. Allen, of Washington, D. C., and Hugo Mock and Alex Friedman, both of New York City, of counsel), for appellant.

Richard L. Underwood, of Washington, D. C., for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

BLAND, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, affirming the decision of the Examiner of Interferences sustaining the petition of Ostrex Company, Inc., for cancellation of trade-mark registration No. 343,513, dated February 23, 1937, in the name of Sylvain Rosengart, which is assigned to the appellant, Euromerica Medical Products, Inc. The trade-mark sought to be cancelled is the notation "Optrex" for a "liquid treatment...

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