Opinion
No. 1956.
Submitted November 14, 1927.
Decided December 5, 1927.
Appeal from the Commissioner of Patents.
Interference proceeding between the Odol Corporation and Ottavio De Oto. Decision for the latter, and the former appeals. Affirmed.
Louis Alexander, of New York City, for appellant.
C.A. O'Brien and B.F. Garvey, both of Washington, D.C., for appellee.
Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.
The Odol Corporation filed an opposition against the registration of "O.D.O." as a trade-mark for liniment to be applied externally. The mark of the opposer is "Odol," used as a trade-mark on a preparation for "the teeth, mouth, and breath."
We agree with the Commissioner of Patents that the goods on which the marks are used are not of the same descriptive properties, and that the marks are not so similar as to lead to confusion in trade.
The decision of the Commissioner is affirmed.