Fort Dodge Laboratories, Inc. v. E. L. Haeussler

COLE, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, affirming a decision of the Examiner of Interferences, dismissing an opposition by Fort Dodge Laboratories, Inc., appellant here, to an application by E. L. Haeussler for registration of the trademark “Fortogenol” for “a multivitamin and mineral product.” Appellant did not rely on any prior registration, but based its opposition on its use of the trademark “Fortogen” on “an internal and external antiseptic and antiferment for veterinary use.”

The Examiner of Interferences held that there was no…