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TURCO PRODUCTS v. TYKOR PRODUCTS

Patent Appeal No. 5778.

187 F.2d 622 (1951)

TURCO PRODUCTS, Inc. v. TYKOR PRODUCTS, Inc.

United States Court of Customs and Patent Appeals.

Rehearing Denied March 30, 1951.

Attorney(s) appearing for the Case

Mason & Graham and Collins Mason, all of Los Angeles, Cal. (Donald A. Gardiner, Washington, D. C., of counsel), for appellant.

John A. Wortmann and Mansfield C. Fuldner, New York City (Harris D. Hineline, Brooklyn, N. Y., of counsel), for appellee.

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

GARRETT, Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, reversing the decision of the Examiner of Trade-Mark Interferences (hereinafter referred to as the examiner) in a trade-mark opposition proceeding, 81 USPQ 548.

The mark which appellee seeks to register under the Trade-Mark Act of February 20, 1905, now 15 U.S.C.A. § 1051 et seq., for "insecticides, insect and stock sprays...

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