HUNTER v. F. HOFFMAN & SONS

No. 2077.

29 F.2d 799 (1928)

HUNTER v. F. HOFFMAN & SONS, Inc.

Court of Appeals of District of Columbia.

Decided December 3, 1928.

Petition for Rehearing Denied December 8, 1928.


Attorney(s) appearing for the Case

William L. Symons, of Washington, D. C., for appellant.

Donald U. Rich and Chas. R. Allen, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.


VAN ORSDEL, Associate Justice.

This appeal is from the decision of the Commissioner of Patents in a trade-mark cancellation proceeding, wherein the Commissioner refused to sustain the petition of appellant, Hunter, seeking the cancellation of appellee's registered trade-mark "CHOCO-SIP" for use on "non-alcoholic, non-cereal, maltless beverages sold as soft drinks, and syrups for making the same."

Petitioner's mark on which he relies for cancellation is "CHOC...

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