Whitehall Pharmacal Company v. Frances Denney

RICH, Judge.

This appeal is from the decision of the Commissioner of Patents dismissing opposition No. 32,695.

Application serial No. 639,212 was filed December 9, 1952, by Frances Denney, a Pennsylvania corporation, seeking to register the mark “Hope” for perfumes and toilet waters, alleging use since October 7, 1952.

Registration is opposed by the Whitehall Pharmacal Company by virtue of prior use of “Hope” by it and its predecessor and registration No. 311,584, granted March 27, 1934, of “Hope” ag applied to laxatives and denture suction powders. The original registration by Hope, Inc. was…