AMERICAN CYANAMID COMPANY v. UNITED STATES RUBBER COMPANY

Patent Appeal No. 7544.

356 F.2d 1008 (1966)

AMERICAN CYANAMID COMPANY, Appellant, v. UNITED STATES RUBBER COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

March 17, 1966.


Attorney(s) appearing for the Case

James Edwin Archer, Stamford, Conn., for appellant.

David B. Miller, New York City (Elmer Stewart, Washington, D. C., of counsel), for appellee.

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


RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board (142 USPQ 359) sustaining appellee's opposition to registration on the Principal Register of the word mark CYGON on application serial No. 107,307, filed October 28, 1960, by appellant. The mark is sought to be registered for "an insecticide" and the claimed date of first use is September 15, 1960.

Opposition is based in part on prior use and registration of PHYGON for "fungicides...

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