Procter & Gamble Co. v. Sweets Laboratories, Inc.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing appellant’s notice of opposition to the registration of appellee’s trade-mark “IVORYNE PEROXIDE GUM,” for use on “Chewing Gum Containing a Non-poisonous Peroxide Compound adapted to Whiten the Teeth,” the words “PEROXIDE GUM” being disclaimed apart from the mark shown.

In its application for registration under the Trade-mark Act of February 20, 1905, filed July 8, 1939, appellee claimed that it had used its mark on its goods…