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VICK CHEMICAL CO. v. NUTREX CO.

Patent Appeal No. 5256.

159 F.2d 773 (1947)

VICK CHEMICAL CO. v. NUTREX CO., Inc.

Court of Customs and Patent Appeals.

February 11, 1947.

Attorney(s) appearing for the Case

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

W. Cameron Burton and Thomas L. Mead, Jr., both of Washington, D. C., for appellee.

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

BLAND, Associate Judge.

Appellee, Nutrex Co., Inc., filed application in the United States Patent Office for the registration of its trade-mark "Nutrex" as applied to "a preparation containing vitamin B complex as found concentrated in brewer's yeast extract."

Appellant, Vick Chemical Company, filed opposition to the registration, based upon its ownership of its registered mark "Neutrox" as applied to "dentrifice and mouth wash."

The Acting Examiner...

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