Lucky Heart Laboratories, Inc. v. Neumann

This is an appeal from the decision of the Commissioner of Patents, *1035rendered by the First Assistant, 62 USPQ 317, affirming the action of the Examiner of Trade-Mark Interferences in sustaining the opposition of appellee to the application of appellant, Serial Ño. 434,989, filed August 14, 1940, for registration of a composite mark, which consists of a heart-shape design, color lined for red, across which is written in large script the words “Lucky Heart,” as a trade-mark for cosmetics, including such articles as rouge, perfume, creams, and talcum powder;, and for chemicals, medicines, and…