Rosengart v. Ostrex Co.

This is an appeal from a decision of the Commissioner of Patents, affirming the decision of the Examiner of Interferences sustaining the petition of Ostrex Company, Inc., for cancellation of trade-mark registration No. 343,513, dated February 23,1937, in the name of Sylvain Rosengart, which is assigned to the appellant, Euromerica Medical Products, Inc. The trade-mark sought to be cancelled is the notation “OPTREX” for a “liquid treatment for diseases and affections of the eyes.”

The petitioner-appellee relied upon registration No. 332,107, issued February 4, 1936, to one Joseph Breyer for the…