Commerce Drug Co. v. Kirkman Laboratories, Inc.

Lane, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Bo and1 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-GEL, one of which has the term in lower-case letters enclosed in a red ova.l and is for a.“chemical compound for relieving *1086the pain of teething babies.”3 The other registration was issued on October 1, 1968, for ORA-JEL for “medicated preparation for relief of teething pains, toothaches, and denture…