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PUREX CORPORATION, LTD. v. MARYLAND PAPER PRODUCTS CO.

Patent Appeal No. 6596.

287 F.2d 186 (1961)

PUREX CORPORATION, LTD. (Assignee of Manhattan Soap Company, Inc.), Appellant, v. MARYLAND PAPER PRODUCTS CO., Appellee.

United States Court of Customs and Patent Appeals.

February 21, 1961.

Attorney(s) appearing for the Case

James M. Naylor, Naylor & Neal, San Francisco, Cal. (James Atkins and Russell Law, Washington, D. C., of counsel), for appellant.

Albert J. Kramer, Washington, D. C., for appellee.

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

SMITH, Judge.

This appeal was taken from the Assistant Commissioner's dismissal (121 U.S. P.Q. 611) of appellant-opposer's opposition to appellee-applicant's application for registration of the trade-mark "Sweetheart."1

Each party uses the word "Sweet-heart," as its trademark. Opposer's predecessor had used and registered the mark for toilet soap many years before applicant used it on any of the various paper products which it...

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