COMMERCE DRUG CO., INC., Appellant,
v.
KIRKMAN LABORATORIES, INC., Appellee.
United States Court of Customs and Patent Appeals.https://leagle.com/images/logo.png
June 29, 1972.
June 29, 1972.
Attorney(s) appearing for the Case
David B. Kirschstein, New York City (Kirschstein, Kirschstein, Ottinger & Frank, New York City), attorneys of record, for appellant; Peter T. Cobrin, New York City, of counsel.
Liddy, Sullivan, Hart, Daniels & Baxley, New York City, attorneys of record, for appellee; Sylvester J. Liddy, Joe E. Daniels, New York City, of counsel.
Before RICH, ALMOND, BALDWIN, and LANE, Judges, and MALETZ, Judge, United States Customs Court, sitting by designation.
United States Court of Customs and Patent Appeals.
LANE, Judge.
This is an appeal from the decision of the Trademark Trial and Appeal Board1 denying appellant's petition to cancel appellee's registration of FLURA-GEL for a "topical fluoride preparation for professional application to teeth."2 Appellant is the owner of two registrations for ORA-JEL, one of which has the term in lower-case letters enclosed in a red oval and is for a "chemical compound for relieving...
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