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PROCTER AND GAMBLE CO. v. S. C. JOHNSON & SON, INC.

Patent Appeal No. 8492.

440 F.2d 1022 (1971)

The PROCTER AND GAMBLE CO., Appellant, v. S. C. JOHNSON & SON, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 6, 1971.

Attorney(s) appearing for the Case

John W. Melville, Cincinnati, Ohio (Melville, Strasser, Foster & Hoffman, Cincinnati, Ohio), attorneys of record, for appellant.

Beverly W. Pattishall, Robert M. Newbury, Chicago, Ill. (Pattishall, McAuliffe & Hofstetter, Chicago, Ill.) attorneys of record, for appellee, H. Leroy Richards, Racine, Wis., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and JONES, Judge, United States Customs Court, sitting by designation.

LANE, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 158 USPQ 676 (1968), sustaining appellee's opposition to the registration by appellant of the mark FORWARD for a dentifrice.1 Appellee based its opposition on its prior registration of FORWARD for all-purpose liquid cleaning preparations.2 We affirm.

Appellee is the first user by about sixteen years and sells its...

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