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GIANT FOOD INC. v. MALONE & HYDE, INC.

Patent Appeal No. 74-557.

522 F.2d 1386 (1975)

GIANT FOOD INC., Appellant, v. MALONE & HYDE, INC., Appellee, C. Marshall Dann, Commissioner of Patents and Trademarks, joined by order of the Court.

United States Court of Customs and Patent Appeals.

As Amended October 23, 1975.

Attorney(s) appearing for the Case

Browne, Beveridge, DeGrandi & Kline, Washington, D. C., attys. of record, for appellant; Richard G. Kline, Francis C. Browne, Edward T. Colbert, Washington, D. C., of counsel.

James H. Littlepage, Littlepage, Quaintance, Murphy & Dobyns, Washington, D. C., attys. of record, for appellee.

Before MARKEY, Chief Judge, RICH, LANE and MILLER, Judges, and ALMOND, Senior Judge.

ALMOND, Senior Judge.

This appeal is by the prevailing party in a trademark interference from that part of a decision by the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB), 178 USPQ 246 (1973), which, after deciding priority in favor of appellant, refused registration to appellant as well as to appellee. We reverse.

On February 19, 1969, appellant, Giant Food Inc., filed a normal, territorially unrestricted application, serial No...

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