Patent Appeal No. 9026.

485 F.2d 1241 (1973)

ALOE CREME LABORATORIES, INC., Appellant, v. ALOE 99, INC., Appellee.

United States Court of Customs and Patent Appeals.

October 25, 1973.

Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., attorney of record, for appellant.

Robert C. Garber, Washington, D. C., attorney of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal is from a decision of the Patent Office Trademark Trial and Appeal Board, 170 USPQ 539 (1971), granting a motion for summary judgment and dismissing appellant's opposition to registration of "Aloe 99" in an oval background designed as a trademark for "Preparation for Treatment of Minor Burns, Cuts, Chafing, Abrasions, Skin Irritations, Diaper Rash, and Non-Poisonous Insect Bites," serial No. 282,758, filed October 18, 1967. We reverse.

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