BRISTOL-MYERS COMPANY v. PHARMACO, INC.

Patent Appeal No. 6696.

291 F.2d 756 (1961)

BRISTOL-MYERS COMPANY, Appellant, v. PHARMACO, INC., Appellee.

United States Court of Customs and Patent Appeals.

July 21, 1961.


Attorney(s) appearing for the Case

Helge C. Dieserud, Fish, Richardson & Neave, New York City, for appellant.

Hervey, Barber & McKee, Morrison T. Hankins, H. John Campaign, New York City, for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.


WORLEY, Chief Judge.

Appellee seeks registration of "Buffagum" as a trademark for "Chewing Gum Containing Analgesics and Antacids" alleging first use on February 26, 1957. Registration is opposed by appellant on the basis of prior use and registration of "Bufferin" for "Antacid Aspirin."

Opposer is concededly the prior user. As described in the application and registration, the goods have the same antacid and analgesic characteristics and are likely to be...

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