National Mineral Co. v. Norwich Pharmacal Co.

JACKSON, Judge.

This is an appeal in an opposition proceeding from a decision of the Commissioner of Patents, 78 U.S.P.O. 332, affirming that of the Examiner of Interferences sustaining an opposition by appellee to the registration by appellant of its mark “Suave” as applied to hair dressing and alleged to have been so used since on or about June 1, 1937.

The notice of opposition contains allegations relating only to the confusion in trade clause of Section 5 of the Trade-Mark Act of 1905, 33 Stat. 725, as amended, as ground for denying the right of registration claimed by appellant.

Appellant…