Legal Opinion

West Disinfecting Co. v. Owen

Court of Customs and Patent Appeals

Decided January 6, 1948No. 5367PublishedCited by 3 opinions

1Opinion of the CourtHatfield, Judge

This is an appeal in a trade-mark cancelation proceeding from the decision of the Commissioner of Patents, 69 USPQ 439, reversing the decision of the Examiner of Interferences sustaining appellant’s petition for the cancelation of appellee’s registered mark “O-N,” on a black background, for use on preparations for colds!

Appellee’s mark, registration No. 311,500,' was registered May 7, 1940, under the Trade-Mark Act of February 20,1905, on an application filed November 4,1939.

Appellant’s petition for cancelation was filed April 13, 1944, pursuant to section 13 of the Trade-Mark Act of February…

2Cases cited2 opinions

  1. Menendez v. HoltSupreme Court of the United States · 1888
  2. Johnston v. Standard Mining Co.Supreme Court of the United States · 1893

3Cited by3 opinions

  1. Salem Commodities, Incorporated v. The Miami Margarine CompanyCourt of Customs and Patent Appeals · 1957
  2. Holland-Rantos Co., Inc. v. Henry Laboratories, IncCourt of Customs and Patent Appeals · 1952
  3. Sprayed Insulation, Inc. v. Sprayo-Flake Co.Court of Customs and Patent Appeals · 1952

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