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REXALL DRUG AND CHEMICAL COMPANY v. ROHM & HAAS COMPANY

Patent Appeal No. 8333.

427 F.2d 782 (1970)

REXALL DRUG AND CHEMICAL COMPANY d.b.a. Fiberfil Company, Appellant, v. ROHM & HAAS COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

June 11, 1970.

Attorney(s) appearing for the Case

Donald Diamond, Los Angeles, Cal., attorney of record, for appellant.

Bereton Sturtevant, Wilmington, Del., Howard I. Forman, Philadelphia, Pa. (Rohm & Haas Co.), attorneys of record, for appellee; Werner H. Hutz, Wilmington, Del., of counsel.

Before RICH, Acting Chief Judge, and ALMOND, BALDWIN and LANE, Associate Judges.

LANE, Judge.

Rexall appeals from the decision of the Trademark Trial and Appeal Board1 sustaining appellee's opposition to the registration of PROGLAS for plastics, specifically for synthetic injection molding materials in pellet or granular form.2 First use in 1964 is alleged. We affirm.

Appellee predicated its opposition on likelihood of confusion arising from similarity to its registered trademarks...

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