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NEUTROGENA CORPORATION v. BRISTOL-MYERS COMPANY

Patent Appeal No. 8174.

410 F.2d 1391 (1969)

NEUTROGENA CORPORATION, Appellant, v. BRISTOL-MYERS COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

May 22, 1969.

Attorney(s) appearing for the Case

Donald A. Kaul, Washington, D. C., attorney of record, for appellant. Fulton Brylawski, Arnold, Roylance, Kruger & Durkee, Washington, D. C., of counsel.

H. C. Dieserud, New York City, for appellee. Robert B. Whittredge, New York City, of counsel.

Before RICH, Acting Chief Judge, HOLTZOFF and McLAUGHLIN, Judges, sitting by designation, and ALMOND and BALDWIN, Judges.

RICH, Acting Chief Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 153 USPQ 877, sustaining the opposition by appellee to appellant's application, serial No. 198,975, filed July 31, 1964, to register on the Principal Register the word-mark "Kera-Derm" for "medicated disks for use in the treatment of Acne, Blackheads and Scaley skin." Applicant's claimed date of first use was June 11, 1964.

Opposer-appellee relies...

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