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JOHNSON & JOHNSON v. VEON CHEMICAL CORPORATION

Patent Appeal No. 6786.

301 F.2d 952 (1962)

JOHNSON & JOHNSON, Appellant, v. VEON CHEMICAL CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

May 4, 1962.

Attorney(s) appearing for the Case

Francis C. Browne, Mead, Browne, Schuyler & Beveridge, Washington, D. C. (William E. Schuyler, Jr., Andrew B. Beveridge and Norman St. Landau, Washington, D. C., of counsel) for appellant.

Judah B. Felshin, New York City, for appellee.

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

SMITH, Judge.

Appellant, as owner of numerous registrations of its mark "PERMACEL",1 opposed registration of appellee-applicant's mark "PERMA LINE", application Serial Number 51,833, filed May 16, 1958, for a "Thermoplastic Road Marking Compound". The Trademark Trial and Appeal Board, in dismissing the opposition, concluded "that the differences between the marks are sufficient to obviate any reasonable likelihood of confusion or mistake...

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