Lucky Heart Laboratories, Inc. v. Neumann

O’CONNELL, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents, rendered by the First Assistant, 62 U.S.P.Q. 317, affirming the action of. the Examiner of TradeMark Interferences in sustaining the opposition of appellee to the application of appellant, Serial No. 434,989, filed August 14, 1940, for registration of a composite mark, which consists of a heart-shape design, color lined for red, across which is written in large script the words “Lucky Heart,” as a trade-mark for cosmetics, including such articles as rouge, perfume, creams, and talcum powder, and for…