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PROCTER & GAMBLE CO. v. SWEETS LABORATORIES

Patent Appeal No. 4769.

137 F.2d 365 (1943)

PROCTER & GAMBLE CO. v. SWEETS LABORATORIES, Inc.

Court of Customs and Patent Appeals.

July 15, 1943.

Attorney(s) appearing for the Case

Allen & Allen, of Cincinnati, Ohio (Erastus S. Allen, of Cincinnati, Ohio, of counsel), for appellant.

Morris Hirsch, of New York City (Harry Price, of New York City, of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing appellant's notice of opposition to the registration of appellee's trade-mark "Ivoryne Peroxide Gum," for use on "Chewing Gum Containing a Non-poisonous Peroxide Compound adapted to Whiten the Teeth," the words "Peroxide Gum"...

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