Commerce Drug Company, Inc. D.B.A. Commerce Drug Co. v. Boyle & Company

WORLEY, Chief Judge.

Commerce Drug Company asks us to reverse the Trademark Trial and Appeal Board’s decision to cancel its registration 1 of “BOYLENE” for use on an antiseptic preparation for boils. Boyle & Co., petitioner, relies on prior use and registration of “Boyle” 2 on “vitamin capsules, ferrous sulfate tablets, ointment for the treatment of hemorrhoids or piles, diethylstilbestrol tablets, strychnine tonic, tablets used for relief from minor throat irritations, quinidine sulphate tablets, antacid tablets, folic acid tablets, tincture benzoin compound, thyroid powder, rutin tablets,…