ELIZABETH ARDEN SALES CORPORATION v. FABERGE, INC.

Patent Appeal No. 6826.

304 F.2d 891 (1962)

ELIZABETH ARDEN SALES CORPORATION, Appellant, v. FABERGE, INC., Appellee.

United States Court of Customs and Patent Appeals.

July 11, 1962.


Attorney(s) appearing for the Case

Howard A. Rosenberg, New York City, for appellant.

James F. Hoge, Rogers, Hoge & Hills, Lenore B. Stoughton, Alfred P. O'Hara, New York City, and E. F. Wenderoth, Washington, D. C., for appellee.

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


SMITH, Judge.

Appellant-applicant has appealed the decision of the Trademark Trial and Appeal Board which sustained appellee-opposer's opposition to the application for registration of the mark "CREME EXTRORDINAIRE"1 for a "Creamy Emulsion for use as a Cosmetic Face Cream." 129 USPQ 237. October 11th, 1957 is stated in the application as the date of first use in interstate commerce by applicant. The opposition is predicated upon opposer...

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