Kotex Co. v. McArthur

HATFIELD, Associate Judge.

This is an appeal, in a trade-mark opposition proceeding, from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the opposition of appellant and adjudging appellee entitled to the registration of the trade-mark “Rotex” for use on vaginal syringes.

Appellant’s trade-mark consists of the word “Kotex.” It was registered on September 21, 1920, and has been continuously and extensively used by appellant and its predecessor since the year 1919, as a trade-mark on catamenial bandages—sanitary napkins.

It appears…