West Disinfecting Co. v. Lan-O-Sheen Co.

This is an appeal from the decision of the Commissioner of Patents in an opposition proceeding, 66 USPQ, 421, involving the question of whether, when concurrently used on goods of the same descriptive properties, consisting of cleaning preparations, the mark “Lan.o.-Sheen,” which appellee seeks to register, is or is not confusingly similar under section 5 of the Trade-Mark Act of 1905 to appellant’s previously registered trade-mark “Lustersheen.” Appellee has disclaimed the word “Sheen.”

Neither party took testimony. The record discloses that appellant’s product is “a PREPARATION PREPARED FOR…