IN RE COCA-COLA BOTTLING CO. OF LOS ANGELES

Patent Appeal No. 2693.

49 F.2d 838 (1931)

In re COCA-COLA BOTTLING CO. OF LOS ANGELES.

Court of Customs and Patent Appeals.

May 25, 1931.


Attorney(s) appearing for the Case

John J. Riley, of Washington, D. C., for appellant.

T. A. Hostetler, of Washington, D. C., for the Commissioner of Patents.

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


GARRETT, Associate Judge.

This proceeding, which is ex parte, involves the right of appellant to register the two words "Lemon Frost" for use as a trade-mark on "soda water, or pop, sold as a soft drink."

The decision of the Commissioner of Patents affirmed that of the Examiner of Trade-Marks, denying the registration sought, because of the trade-mark "Jack Frost," registered to F. B. Chamberlain Company September 18, 1928, for "concentrated extracts and syrups...

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