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INTERSTATE BRANDS v. CELESTIAL SEASONINGS

Appeal No. 78-504.

576 F.2d 926 (1978)

INTERSTATE BRANDS CORP., Appellant, v. CELESTIAL SEASONINGS, INC., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied August 10, 1978.

Attorney(s) appearing for the Case

Robert D. Hovey, Schmidt, Johnson, Hovey & Williams, Kansas City, Mo., atty. of record, for appellant.

Michael D. McIntosh, Sheridan, Ross, Fields & McIntosh, Denver, Colo., atty. of record, for appellee.

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

MARKEY, Chief Judge.

Appeal from a decision of the Trademark Trial and Appeal Board (board), 196 USPQ 321 (TTAB 1977), dismissing an opposition to the registration of RED ZINGER, application serial No. 449,678. We affirm.

Interstate Brands Corporation (Interstate) opposes registration by Celestial Seasonings, Inc. (Celestial) of RED ZINGER, asserting that its use on herb tea would be likely to cause confusion or mistake with Interstate's registered trademark...

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