WHITEHALL PHARMACAL COMPANY v. DENNEY

Patent Appeal No. 6316.

255 F.2d 693 (1958)

WHITEHALL PHARMACAL COMPANY, Appellant, v. Frances DENNEY, Appellee.

United States Court of Customs and Patent Appeals.

May 23, 1958.


Attorney(s) appearing for the Case

Mortimer Altin, New York City, for appellant.

Mock & Blum, New York City (Asher Blum, New York City, and Charles R. Allen, Jr., Washington, D. C., of counsel), for appellee.

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


RICH, Judge.

This appeal is from the decision of the Commissioner of Patents dismissing opposition No. 32,695.

Application serial No. 639,212 was filed December 9, 1952, by Frances Denney, a Pennsylvania corporation, seeking to register the mark "Hope" for perfumes and toilet waters, alleging use since October 7, 1952.

Registration is opposed by the Whitehall Pharmacal Company by virtue of prior use of "Hope" by it and its predecessor and registration...

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