Lever Brothers Company v. Thrift-D-Lux Cleaners, Inc.

RICH, Judge.

This appeal is from the decision of the Commissioner of Patents, acting through the Assistant Commissioner, affirming the decision of the Examiner of Interferences dismissing an opposition brought by appellant, Lever Brothers Company, against an application of Thrift-D-Lux Cleaners, Inc. to register a service mark for dry cleaning and pressing services. The opposition is based on the conceded prior use and registration of “Lux” as a trademark for soap flakes, toilet soap and liquid detergents.

The mark of applicant-appellee is a double-bordered oval across which in block letters is…