Lever Brothers Company v. Producers Chemical Service (Petroleum Specialty Company, Assignee, Substituted)

SMITH, Judge.

This is an appeal from a decision of the Assistant Commissioner of Patents (120 USPQ 402) affirming a decision of the Examiner of Interferences, which dismissed an opposition brought by Lever Brothers Company against an application by Producers Chemical Service (Petroleum Specialty Company, Assignee, Substituted), for the registration of “Shux” as a trademark for Toilet, Laundry, and Industrial Cleaners in the form of Liquids, Solids, Pastes and Powders. Applicant claimed use of the mark “Shux” since July 18, 1955, and was adjudged entitled to the registration.

The opposition is…