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WALTER BAKER & CO. v. ALTAMAY CHOCOLATE CO.

Patent Appeal No. 2232.

37 F.2d 957 (1930)

WALTER BAKER & CO., Limited, v. ALTAMAY CHOCOLATE CO.

Court of Customs and Patent Appeals.

February 21, 1930.

Attorney(s) appearing for the Case

Putnam, Bell, Dutch & Santry, of Boston, Mass. (Stoughton Bell, of Boston, Mass., John S. Prescott, of New York City, and Parker Dodge, of Washington, D. C., of counsel), for appellant.

Arthur E. Wallace, of Chicago, Ill., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

LENROOT, Associate Judge.

This is an appeal from the Commissioner of Patents, dismissing the opposition of appellant, Walter Baker & Company, Limited, and allowing the registration of a trade-mark for appellee, Altamay Chocolate Company. The mark of appellant is used upon preparations of chocolate and cocoa, and that of appellee is used upon a compound of chocolate, powdered milk, and sugar. The goods upon which both marks are used have the same descriptive properties...

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