Glenwood Laboratories, Inc. v. American Home Products Corp.

Lane, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 161 USPQ 826 (1969) (report of result only), sustaining an opposition to the registration of MYOCHOLINE 1 for a medicinal preparation-for treatment of dysphagia, abdominal distention, gastric retention, and urinary retention, filed by appellee, the owner of the prior registration of MYSOLINE 2 for an anti-con-vulsant drug, on the ground that MYOCHOLINE so resembles MY-SOLINE “as to be likely, when applied to the goods of the applicant, to cause confusion, or to cause mistake, or to decieve.” Lanham Act, §…