Legal Opinion
McKesson & Robbins, Inc. v. First Texas Chemical Manufacturing Co.
Court of Customs and Patent Appeals
Decided February 11, 1947No. 5234PublishedCited by 3 opinions
1Opinion of the CourtBland, Judge
Appellee, First Texas Chemical Manufacturing Co.,’filed application in the United States Patent Office for the registration of its trademark “ORA-CEL”, allegedly used in connection with the sale of a. vitamin preparation.
*878McKesson & Robbins, Incorporated, appellant, filed a notice of opposition against the application, based upon its ownership and registration of two trade-marks, “ORA” and “ORAFORM”, used since 1927 and 1915 respectively, the first for a deodorant and the latter for throat-pastils.
The Examiner of Trade-Mark Interferences sustained the opposition and held that the applicant was…
2Cases cited5 opinions
- Schering & Glatz, Inc. v. Sharp & Dohme, Inc.Court of Customs and Patent Appeals · 1944
- Rosengart v. Ostrex Co.Court of Customs and Patent Appeals · 1943
- William S. Merrell Co. v. Anacin Co.Court of Customs and Patent Appeals · 1940
- McKesson & Robbins, Inc. v. American Foundation for Dental ScienceCourt of Customs and Patent Appeals · 1945
- Vitab Corp. v. Knox Co.Court of Customs and Patent Appeals · 1944
3Cited by3 opinions
- Frito Co. v. General Mills, Inc.Court of Appeals for the Fifth Circuit · 1953
- Frito Co. v. General Mills, Inc.Court of Appeals for the Fifth Circuit · 1953
- National Mineral Co. v. Norwich Pharmacal Co.Court of Customs and Patent Appeals · 1950