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STERLING DRUG, INC. v. M-A PHARMACEUTICAL CORPORATION

Patent Appeal No. 7306.

343 F.2d 1016 (1965)

STERLING DRUG, INC., Appellant, v. M-A PHARMACEUTICAL CORPORATION, Assignee of Charles A. Susslin, Appellee.

United States Court of Customs and Patent Appeals.

April 22, 1965.

Attorney(s) appearing for the Case

Ernest F. Wenderoth, Washington, D. C. (William F. Weigel, New York City, of counsel), for appellant.

William R. Liberman, New York City, for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

SMITH, Judge.

An application, serial No. 118,013, was filed April 17, 1961 by appellee to register "M-A" for a medicinal preparation in tablet form for relief of distress or discomfort associated with over indulgence in food and/or drink.

Registration was opposed by appellant as registrant of "M-O" for a pharmaceutical preparation consisting of milk of magnesia and mineral oil. The Trademark Trial and Appeal Board dismissed the opposition (138 USPQ 651).<...

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