AMERICAN HOME PRODUCTS CORP. v. B. F. ASCHER & CO., INC.

Patent Appeal No. 8848.

473 F.2d 903 (1973)

AMERICAN HOME PRODUCTS CORPORATION, Appellant, v. B. F. ASCHER & COMPANY, INC. Appellee.

United States Court of Customs and Patent Appeals,

February 22, 1973.


Attorney(s) appearing for the Case

Mortimer Altin and Julius A. Bell, New York City, attorneys of record, for appellant.

Robert D. Hovey, Kansas City, Mo., attorney of record, for appellee. Schmidt, Johnson, Hovey & Williams, Kansas City, Mo., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and CLARK, Justice, (Ret.), sitting by designation.


MARKEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 166 USPQ 61 (1970), dismissing appellant's oppositions to the registration of appellee's marks AYR Tab1 and AYR, ASCHER2 for preparations for use as a bronchodilator on the ground that these marks "so resemble" appellant's registered mark AYERST3 for various medicinal and pharmaceutical...

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