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IN RE DUTCH MAID ICE CREAM CO.

Patent Appeal No. 3935.

95 F.2d 262 (1938)

In re DUTCH MAID ICE CREAM CO.

Court of Customs and Patent Appeals.

March 28, 1938.

Attorney(s) appearing for the Case

Lester L. Sargent, of Washington, D. C., for appellant.

R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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

JACKSON, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents affirming that of the Examiner refusing to register the trade-mark "Dutch Maid," accompanied by a picture of a landscape including a Dutch girl, a windmill, and two cows, as applied to ice cream.

Both the Examiner and the Commissioner held that the mark sought to be registered is confusingly similar to a previously registered trade-mark, "Dutchland Made," which is applied...

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