Sholl Dental Laboratory Co. v. McKesson & Robbins, Inc.

This is an appeal from the decision of the Commissioner of Patents, 60 USPQ 379 (speaking through an assistant commissioner), reversing the decision of the Examiner of Trade-Mark Interferences, and sustaining the opposition of appellee to the application of appellant for the registration of the notation “Calle” as a trade-mark for dentures of its (appellant’s) manufacture.

*1158Appellant’s application was filed in the Patent Office June 15,1942, use of the mark being alleged “since the 1st day of January A. D. 1939.”

The opposition is based upon appellant’s ownership of a mark consisting of the word…