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THYMO BORINE LABORATORY v. WINTHROP CHEMICAL CO.

Patent Appeals No. 5129.

155 F.2d 402 (1946)

THYMO BORINE LABORATORY v. WINTHROP CHEMICAL CO., Inc.

Court of Customs and Patent Appeals.

May 7, 1946.

Attorney(s) appearing for the Case

Ira Milton Jones, of Milwaukee, Wis., for appellant.

James F. Hoge and L. B. Stoughton, both of New York City, and E. F. Wenderoth, of Washington, D. C., for appellee.

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

JACKSON, Associate Judge.

This is an appeal in a trade-mark opposition proceeding wherein the Commissioner of Patents affirmed, 63 U.S.P.Q. 94, a decision of the Examiner of Trade-Mark Interferences sustaining the notice of opposition and adjudging that appellant is not entitled to register its trade-mark "Thy-Rin" as applied to an "antiseptic mouth wash."

In its notice of opposition appellee alleged that the mark "Thy-Rin" as used by appellant is applied...

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