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PHILLIPS PETROLEUM CO. v. KNOX INDUSTRIES CORP.

Patent Appeal No. 6504.

277 F.2d 945 (1960)

PHILLIPS PETROLEUM COMPANY v. KNOX INDUSTRIES CORP.

United States Court of Customs and Patent Appeals.

May 3, 1960.

Attorney(s) appearing for the Case

J. Arthur Young, Donald J. Quigg, Robert R. Cochran, Bartlesville, Okl. (L. Malcolm Oberlin, Bartlesville, Okl., of counsel) for appellant.

Herbert J. Jacobi, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge C. WILLIAM KRAFT, Jr.

C. WILLIAM KRAFT, Jr., Judge.

This appeal by Phillips Petroleum Company (Phillips) challenges the correctness of the decision of the Assistant Commissioner of Patents which affirmed the dismissal of the notice of opposition by the Examiner of Interferences. As owner of the trademark "Trop-Artic," Phillips opposed registration of the mark "Frig-Tropic" to the applicant, Knox Industries Corp. (Knox).

The marks are used on substantially identical goods, all-weather...

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