AXTON-FISHER TOBACCO CO. v. FORTUNE TOBACCO CO.

Patent Appeal No. 3572.

82 F.2d 295 (1936)

AXTON-FISHER TOBACCO CO. v. FORTUNE TOBACCO CO.

Court of Customs and Patent Appeals.

March 23, 1936.


Attorney(s) appearing for the Case

Martin T. Manion, of Wheeling, W. Va. (Royce A. Ruess and Charles R. Allen, both of Washington, D. C., and Ernest Woodward, of Louisville, Ky., of counsel), for appellant.

Kenyon & Kenyon, of New York City (Douglas H. Kenyon, Robert N. Kenyon, and Lee B. Kenyon, all of New York City, of counsel), for appellee.

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


HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents reversing the decision of the Examiner of Trade-Mark Interferences dismissing appellee's notice of opposition and holding that appellant was entitled to the registration of the trade-mark "Twenty Grand," for use on cigarettes.

In its application, appellant stated that it had used its trade-mark on its goods since April 25, 1931...

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