Lever Bros. Co. v. Babson Bros. Co

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, acting through the Examiner-in-Chief of the Board of Appeals, 88 USPQ 48, affirming the decision of the Examiner of Trade-Mark Interferences dismissing appellant’s opposition to the registration of appellee’s trade-mark “Surge” for a detergent washing powder with a wetting agent added, in tablet and powder form, particularly for cleaning dairy utensils.

*532Appellee alleged June 20, 1947, as the date of first use of the mark on the above-mentioned product, and in commerce among the several states.

The record…