Thymo Borine Laboratory v. Winthrop Chemical Co.

This is an appeal in a trade-mark opposition proceeding wherein the Commissioner of Patents affirmed, 63 USPQ 94, a decision of the Examiner of Trade-Mark Interferences sustaining the notice of opposition and adjudging that appellant is not entitled to register its trade-mark “Thy-Rin” as applied to an “antiseptic mouth wash.”

In its notice of opposition appellee alleged that the mark “Thy-Rin” as used by appellant is applied to merchandise of the same descriptive properties as a product of appellee to which is applied its trade-mark “Thyractin,” Registration No. 301,090, dated February 14,…