Heger Products Co. v. Polk Miller Products Corporation

GRAHAM, Presiding Judge.

On May 16, 1925, the appellant filed its application, serial No. 214,416, for the registration of a trade-mark to be used in connection with the sale of parrot, dog, bird, and eat medicines. The trade-mark consists of a yellow label with two annular red bands, one on the upper and one on the lower portion of the label. In its application the appellant stated “the trade mark has been continuously used and applied to said goods in applicant’s business since on or about January 10th, 1921.” Opposition was filed thereto by the appellee. Both parties took testimony. The…