Nulyne Laboratories v. Electro-Alkaline Co.

ROBB, Associate Justice.

Appeal from a decision of the Commissioner of Patents, in a trade-mark opposition case, in which the Office refused to register “Chlorox” for appellant as a trade-mark for tooth paste, on the ground of conflict with appellee’s previously registered mark “Cl'orox,” for use on “bleaching, cleansing, and antiseptic compounds.”

*1000In February of 1915 the appellee, a corporation located at Oakland, Cal., registered the following mark and claimed use since Tuly 15, 1914:

According to the testimony of the president of appellee corporation, its preparation is put up in bottles, and…