REXALL DRUG COMPANY, Appellant,
v.
MANHATTAN DRUG COMPANY, Appellee.
United States Court of Customs and Patent Appeals.https://leagle.com/images/logo.png
December 8, 1960.
December 8, 1960.
Attorney(s) appearing for the Case
Richard A. Mahar, Washington, D. C. (Albert H. Kirchner; Washington, D. C., of counsel), for appellant.
Emery, Whittemore, Sandoe & Dix, New York City (Manvel Whittemore, New York City, and John Gibson Semmes, Washington, D. C., of counsel), for appellee.
Before WORLEY, Chief Judge, RICH, MARTIN and SMITH, Associate Judges, and Judge WILLIAM H. KIRKPATRICK.
United States Court of Customs and Patent Appeals.
MARTIN, Judge.
This is an appeal1 from a decision of the Trademark Trial and Appeal Board of the United States Patent Office, 121 USPQ 201, sustaining an opposition to the registration of a trademark. The appellant, Rexall Drug Company, sought to register "Asma-Kets" for medicinal tablets for the relief of bronchial asthma and hay fever. Appellee, Manhattan Drug Company, opposed the registration on the grounds that it is a prior user of...
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