Burroughs Wellcome & Co. (u.s.a.) Inc. v. Mezger Pharmacal Co., Inc

O’CONNELL, Acting Chief Judge.

This is an appeal from the decision of the Examiner-in-Chief of the United States Patent Office, 100 U.S.P.Q. 322, acting for the Commissioner of Patents, affirming the action of the Examiner of Interferences dismissing an opposition by appellant to appellee’s application for registration of the word “Lipofax” as a trade-mark for “a medicinal preparation in tablet form, namely, a vitamin product indicated for use in the management of atherosclerosis and for hypotonia.” The opposition was based on seven prior registrations owned by appellant, each involving a word…