Lactona, Inc. v. Lever Bros.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Paténts reversing the decision of the Examiner of Interferences holding that appellant was entitled to register the trade-mark “LIFEGUARD,” for use on “Devices for Oral Hygiene, Particularly Tooth Brushes, Massage Elements and Combined Tooth Brushes and Massage Elements.”

Appellant states in its application that it has used the trade-mark “LIFEGUARD” on its goods since July 15,1940.

In its notice of opposition, appellee alleged that it is the owner of the trade-mark “Lifebuoy,” for use on “products…