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MILLER BREW. CO. v. OLAND'S BREW., LTD.

Patent Appeal No. 76-627.

548 F.2d 349 (1976)

MILLER BREWING COMPANY, Appellant, v. OLAND'S BREWERIES [1971] LIMITED, Appellee.

United States Court of Customs and Patent Appeals.

December 23, 1976.

Attorney(s) appearing for the Case

Arthur L. Morsell, Jr., Milwaukee, Wis. (Wheeler, Morsell, House & Fuller, Milwaukee, Wis.), atty. of record, for appellant.

George H. Mitchell, Jr., Washington, D. C. (Fisher, Christen & Sabol, Washington, D. C.), atty. of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

MILLER, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 (TTAB) sustaining appellee's opposition No. 54,216, filed April 17, 1973, against appellant's application serial No. 417,309, filed March 3, 1972, for registration of the mark SCHOONER for beer. We affirm.

The critical issue is whether, for purposes of section 2(d) of the Lanham Act (15 U.S.C. § 1052(d)), opposer's mark SCHOONER for beer...

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