PROCTER & GAMBLE v. A. E. STALEY MANUFACTURING CO.

Patent Appeal No. 7314.

342 F.2d 476 (1965)

The PROCTER & GAMBLE COMPANY, Appellant, v. A. E. STALEY MANUFACTURING CO., Appellee.

United States Court of Customs and Patent Appeals.

March 18, 1965.


Attorney(s) appearing for the Case

John W. Melville, Cincinnati, Ohio, Bernard Edward Shlesinger, Jr., Washington, D. C., for appellant.

C. C. Jensch, Decatur, Ill., for appellee.

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


SMITH, Judge.

This is an appeal by The Procter & Gamble Company, as appellant-opposer, from a 2-1 decision by the Trademark Trial and Appeal Board (138 USPQ 534) dismissing appellant's opposition to an application1 for registration of the mark "OXYTROL" by appellee, A. E. Staley Manufacturing Company, as a trademark for industrial starches. The opposition is based on appellant's well known trademark "OXYDOL" for soap,

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