VITAL FOODS CORPORATION v. MILES LABORATORIES

Patent Appeal No. 5150.

156 F.2d 77 (1946)

VITAL FOODS CORPORATION v. MILES LABORATORIES, Inc.

Court of Customs and Patent Appeals.

June 11, 1946.


Attorney(s) appearing for the Case

Earle D. Crammond, of Washington, D. C., and Almon S. Nelson, of Richmond, Va., for appellant.

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

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


GARRETT, Presiding Judge.

This is an appeal from the decision of the Commissioner of Patents (speaking through the Assistant Commissioner), 63 U.S.P.Q. 303, affirming the decision of the Examiner of Trade-Mark Interferences sustaining the opposition of appellee to appellant's application for registration of the word "VitaMight," arranged in somewhat fanciful form, as a trade-mark for use on a concentrate of essential vitamins and minerals, the opposition being based...

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