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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