Geigy Chemical Corp. v. Atlas Chemical Industries, Inc.
Court of Customs and Patent Appeals
1Opinion of the CourtB.ich, Judge
This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (abstract 158 USPQ 681) dismissing the opposition by appellant to the registration of the trademark HYDRO-NOL for “diuretic,” application serial No. 214,501, filed March 19, 1965, claiming first use June 10,1964. We reverse.
The application is to register HYDRONOL on the Principal Register, filed by Atlas Chemical Industries, Inc., a Delaware corporation, and the specimen filed therewith shows that HYDRONOL, at the time of filing was a “new drug” marketed for investigational use only by a division of…
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