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NATIONAL MINERAL CO. v. NORWICH PHARMACAL CO.

Patent Appeal No. 5708.

183 F.2d 119 (1950)

NATIONAL MINERAL CO. v. NORWICH PHARMACAL CO.

United States Court of Customs and Patent Appeals.

June 30, 1950.

Attorney(s) appearing for the Case

Maurice S. Cayne, Chicago, Ill., for appellant.

E. F. Wenderoth, Washington, D. C., for appellee.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, JOHNSON and WORLEY, Judges.

JACKSON, Judge.

This is an appeal in an opposition proceeding from a decision of the Commissioner of Patents, 78 U.S.P.O. 332, affirming that of the Examiner of Interferences sustaining an opposition by appellee to the registration by appellant of its mark "Suave" as applied to hair dressing and alleged to have been so used since on or about June 1, 1937.

The notice of opposition contains allegations relating only to the confusion in trade clause of Section...

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