Merritt Corporation v. Sterling Drug, Inc

WORLEY, Chief Judge.

This appeal from the Trademark Trial and Appeal Board of the United States Patent Office involves an opposition by appellee to appellant’s application for registration of “Superin” as a trademark for “an aspirin suppository product.” The opposition is based on appellee’s registration and prior use of “Suprarenin” as a trademark for a synthetic epine phrine preparation “for the treatment of diseases of the eye, nose, larynx, bladder, urethra, and uterus and, in surgical operations, and to stop the flow of blood.” The board sustained the opposition. The parties submit here…