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WARD BAKING CO. v. NEW STANDARD BAKING CO.

Patent Appeal No. 3306.

71 F.2d 186 (1934)

WARD BAKING CO. v. NEW STANDARD BAKING CO.

Court of Customs and Patent Appeals.

June 12, 1934.

Attorney(s) appearing for the Case

Theodore K. Bryant, of Washington, D. C. (Fish, Richardson & Neave and John Vaughan Groner, all of New York City, of counsel), for appellant.

Charles R. Allen, of Washington, D. C. (Herman A. Wecht, of Philadelphia, Pa., of counsel), for appellee.

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

BLAND, Associate Judge.

The New Standard Baking Company filed its application for registration of a trade-mark for use on cake, which trade-mark consists of the words "Mrs. Stard's," on an orange colored, basket weave background claiming continuous use of the mark since February 6, 1931. Thereafter the Ward Baking Company filed notice of opposition, grounding its opposition upon its adoption and use of the names "Ward" and "Ward's," claiming a use of said words as...

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