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GOLDSMITH BROS. v. ATLAS SUPPLY CO.

Patent Appeals No. 4998.

148 F.2d 1016 (1945)

GOLDSMITH BROS. v. ATLAS SUPPLY CO.

Court of Customs and Patent Appeals.

April 9, 1945.

Attorney(s) appearing for the Case

Bloomberg & Bloomberg, of New York City (Edwin Levisohn and Harry Cohen, both of New York City, of counsel), for appellant.

Barry & Cyr, of Washington, D. C. (W. W. Nottingham and Robert E. Barry, both of Washington, D. C., of counsel), for appellee.

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

JACKSON, Associate Judge.

This appeal is from a decision of the Commissioner of Patents, 60 U.S.P.Q. 18, affirming that of the Examiner of Interferences dismissing a notice of opposition filed by appellant to the application of appellee to register its trade-mark "Coldex," written in script, as applied to an automobile anti-freeze compound, and adjudging the mark to be registrable.

Both parties took testimony.

It appears that appellant, a corporation...

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