Van Pelt & Brown, Inc. v. John Wyeth & Brother, Inc.

Jackson, Judge,

deliyered the opinion of the court:

On June 4, 1943, appellant filed its application, Serial No. 461,155, ■for the registration of the trade-mark “VANOGEL” as applied to a medicinal preparation in liquid or tablet form, containing colloidal .aluminum hydroxide for treatment of gastric duodenal ulcers. It .alleged that the said mark was used on a printed label attached to the container of the goods and that it had been in continuous use in appellant’s business since February 21, 1942.

On September 9, 1943, appellee filed its notice of opposition to said registration based on the…