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LACTONA, INC. v. LEVER BROS. CO.

Patent Appeal No. 4869.

144 F.2d 891 (1944)

LACTONA, Inc., v. LEVER BROS. CO.

Court of Customs and Patent Appeals.

Rehearing Denied October 2, 1944.

Attorney(s) appearing for the Case

Edmund H. Parry, Jr., of Washington, D. C. (Parry & Miller, of Washington, D. C., of counsel), for appellant.

Spencer A. Studwell, of New York City, for appellee.

Before BLAND, Acting Presiding Judge, and 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 reversing the decision of the Examiner of Interferences holding that appellant was entitled to register the trade-mark "Lifeguard," for use on "Devices for Oral Hygiene, Particularly Tooth Brushes, Massage Elements and Combined Tooth Brushes and Massage Elements."

Appellant states in its application that it has used the trade...

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