MILES LABORATORIES v. FOLEY & CO.

Patent Appeal No. 4908.

144 F.2d 888 (1944)

MILES LABORATORIES, Inc., v. FOLEY & CO.

Court of Customs and Patent Appeals.

Rehearing Denied October 2, 1944.


Attorney(s) appearing for the Case

Edward S. Rogers, William T. Woodson, James H. Rogers, and Thomas L. Mead, Jr., all of Chicago, Ill., for appellant.

James R. McKnight, of Chicago, Ill., for appellee.

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


GARRETT, Presiding Judge.

This is an appeal from the decision of the Commissioner of Patents (57 U.S.P.Q. 44) in a trade-mark cancellation proceeding.

On September 9, 1941, appellant secured registration (No. 390,138) under the Act of February 20, 1905, 15 U.S.C.A. § 81 et seq. of the notation "Vitamiles" as a trademark for "vitamin tablets," the application therefor having been filed April 21, 1941, with use claimed "since April 11, 1941."

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