VAN PELT & BROWN v. JOHN WYETH & BROTHER

Patent Appeal No. 5275.

161 F.2d 244 (1947)

VAN PELT & BROWN, Inc., v. JOHN WYETH & BROTHER, Inc.

Court of Customs and Patent Appeals.

April 22, 1947.


Attorney(s) appearing for the Case

Emory L. Groff, of Washington, D. C., for appellant.

Thomas L. Mead, Jr., of Washington, D. C., for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.


JACKSON, Associate Judge.

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...

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