Legal Opinion
Sterling Drug, Inc. v. M-A Pharmaceutical Corporation, Assignee of Charles A. Susslin
Court of Customs and Patent Appeals
Decided April 22, 1965No. Patent Appeal 7306PublishedCited by 4 opinions
1Opinion of the Court
SMITH, Judge.
An application, serial No. 118,013, was filed April 17,1961 by appellee to register “M-A” for a medicinal preparation in tablet form for relief of distress or discomfort associated with over indulgence in food and/or drink.
Registration was opposed by appellant as registrant of “M-O” for a pharmaceutical preparation consisting of milk of magnesia and mineral oil. The Trademark Trial and Appeal Board dismissed the opposition (138 USPQ 651).
As pointed out by the board:
Since applicant does not dispute opposer’s priority or the similarity between the goods of the parties, this case…
2Cases cited2 opinions
- The Conde Nast Publications, Inc. v. American Greetings CorporationCourt of Customs and Patent Appeals · 1964
- Holland-Rantos Co., Inc. v. Henry Laboratories, IncCourt of Customs and Patent Appeals · 1952
3Cited by4 opinions
- Del Laboratories, Inc. v. Alleghany Pharmacal Corp.District Court, S.D. New York · 1981
- GD Searle & Company v. MDX Purity Pharmacies, Inc.District Court, C.D. California · 1967
- Beacon-Morris Corp. v. International Telephone & Telegraph Corp.Court of Customs and Patent Appeals · 1972
- Sterling Drug, Inc. v. M-A Pharmaceutical Corporation, Assignee of Charles A. SusslinCourt of Customs and Patent Appeals · 1965