ERLEN PRODUCTS COMPANY v. TONI COMPANY

Patent Appeal No. 6296.

251 F.2d 625 (1958)

ERLEN PRODUCTS COMPANY, Appellant, v. The TONI COMPANY (The Gillette Company, Assignee, substituted), Appellee.

United States Court of Customs and Patent Appeals.

January 22, 1958.


Attorney(s) appearing for the Case

Albert J. Fihe, Burbank, Cal. (Munson H. Lane, Washington, D. C., of counsel), for appellant.

Rowland V. Patrick, Boston, Mass. (Fish, Richardson & Neave, Philip Colman, Boston, Mass., Crowell & Leibman, Richard H. Prins, Chicago, Ill., of counsel), for appellee.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, RICH, and JACKSON (retired), Judges.


WORLEY, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents affirming the action of the Examiner of Trademarks in dissolving Trademark Interference No. 5,067 and holding appellant's mark involved therein to be unregistrable.

The interference involved appellant's application No. 630,186, filed May 24, 1952, for registration of "Tonicool" for shampoo, claiming use since 1939, and registration No. 516,594, for "Toni," applied to...

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