Bristol-Myers Company v. Pharmaco, Inc.

WORLEY, Chief Judge.

Appellee seeks registration of “Buffagum” as a trademark for “Chewing Gum Containing Analgesics and Antacids” alleging first use on February 26, 1957. Registration is opposed by appellant on the basis of prior use and registration of “Bufferin’’ for “Antacid Aspirin.”

Opposer is concededly the prior user. As described in the application and registration, the goods have the same antacid and analgesic characteristics and are likely to be sold to the same class of purchasers for therapeutic purposes. We are, of course, primarily concerned with the coverage of the competing…