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SPICE ISLANDS, INC. v. FRANK TEA AND SPICE COMPANY

Patent Appeal No. 74-567.

505 F.2d 1293 (1974)

SPICE ISLANDS, INC., Appellant, v. The FRANK TEA AND SPICE COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

November 27, 1974.

Attorney(s) appearing for the Case

John P. Sutton, Limbach, Limbach & Sutton, San Francisco, Cal., attorney of record, for appellant.

Frank P. Presta, Jacobi, Lilling & Siegel, Arlington, Va., attorney of record, for appellee.

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 dismissing an opposition to appellee's application2 to register SPICE TREE and tree design for garlic powder and minced onion and denying a petition to cancel appellee's registration3 SPICE TREE per se for the same goods. Appellant asserts that appellee's marks so resemble appellant's mark...

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