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WEST DISINFECTING CO. v. OWEN

Patent Appeal No. 5367.

165 F.2d 450 (1948)

WEST DISINFECTING CO. v. OWEN.

Court of Customs and Patent Appeals.

January 6, 1948.

Attorney(s) appearing for the Case

Harvey B. Jacobson, of Washington, D. C. (J. Edward Burch, of Washington, D. C., of counsel), for appellant.

Lester L. Sargent, of Washington, D. C. (Charles R. Allen, of Washington, D. C., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark cancelation proceeding from the decision of the Commissioner of Patents, 69 U.S.P.Q. 439, reversing the decision of the Examiner of Interferences sustaining appellant's petition for the cancelation of appellee's registered mark "O-N," on a black background, for use on preparations for colds.

Appellee's mark, registration No. 377,500, was registered May 7, 1940, under the Trade-Mark Act of February...

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