HYGIENIC PRODUCTS CO. v. HUNTINGTON LABORATORIES

Patent Appeal No. 4794.

139 F.2d 508 (1943)

HYGIENIC PRODUCTS CO. v. HUNTINGTON LABORATORIES, Inc.

Court of Customs and Patent Appeals.

December 7, 1943.


Attorney(s) appearing for the Case

Frease & Bishop, of Canton, Ohio (Harry Frease and Joseph Frease, both of Canton, Ohio, of counsel), for appellant.

Lockwood, Goldsmith & Galt, Indianapolis, Ind. (Ralph G. Lockwood, of Indianapolis, Ind., and Dwight B. Galt, of Washington, D. C., of counsel), for appellee.

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


LENROOT, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from a decision of the Commissioner of Patents affirming a decision of the Examiner of Trade-Mark Interferences dismissing appellant's notice of opposition to the registration by appellee of the words "Toilet-San" for "Porcelain Cleaner in Powder Form."

Appellee's application was filed October 10, 1940. It states: "The trademark is applied...

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