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PROCTER & GAMBLE COMPANY v. CONWAY

Patent Appeal No. 8231.

419 F.2d 1332 (1970)

The PROCTER & GAMBLE COMPANY, Appellant, v. Joseph D. CONWAY, d.b.a. the Certified Chemical and Equipment Co., Appellee.

United States Court of Customs and Patent Appeals.

January 22, 1970.

Attorney(s) appearing for the Case

Melville, Strasser, Foster & Hoffman, John W. Melville, Cincinnati, Ohio, for appellant.

Jay M. Cantor, Washington, D. C., for appellee.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and RAO, Chief Judge, sitting by designation.

ALMOND, Judge.

The Procter & Gamble Company appeals from the decision of the Trademark Trial and Appeal Board, 153 USPQ 480, dismissing its opposition to the application of Joseph D. Conway, d. b. a. The Certified Chemical and Equipment Co. to register "MISTER STAIN" for a stain removing compound,1 alleging continuous use in interstate commerce since March 4, 1964.

Appellant's opposition is predicated on its allegations of...

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