Hygienic Products Co. v. Huntington Laboratories, Inc.

Lenkoot, Judge,

delivered tire opinion of the court:

This is an appeal in a trade-mark opposition proceeding from a decision of the Commissioner of Patents affirming a decision of the Examiner of Trade-Mark Interferences dismissing 'appellants’ notice of opposition to the registration by appellee of the words “Toilet-San” for “Porcelain Cleaner in Powder Form.”

Appellee’s application was filed October 10, 1940. It states: “The trademark is applied or affixed to the goods, or to the package containing the same by lithographing the trademark on the container. The word ‘Toilet’ is hereby disclaimed…