Miles Laboratories, Inc. v. Pepsodent Co.

This is an appeal in a trade-mark opposition proceeding wherein the United States Commissioner of Patents affirmed a decision of the Examiner of Interferences dismissing appellant’s opposition to the registration of appellee’s trade-mark, application for which was filed on June 27, 1936, under the Trade-mark Act of February 20, 1905.

*1273The trade-marks involved are gEL^ZER” ’ reS'istrati°n of which

appellee applied for, and appellant’s trade-mark “ALKA-SELTZER,” sometimes used in a horizontal line ■ and sometimes used as follows:

“ALKA-SELTZER”.

Appellant in its notice of opposition alleged…