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TRADERS OIL MILL CO. v. LEVER BROS. CO.

Patent Appeals No. 4080.

100 F.2d 249 (1939)

TRADERS OIL MILL CO. v. LEVER BROS. CO.

Court of Customs and Patent Appeals.

February 6, 1939.

Attorney(s) appearing for the Case

Clarence A. O'Brien, of Washington, D. C. (Clarence R. Gorman, Joseph A. O'Connell, and C. Ludwell Hyde, all of Washington, D. C, of counsel), for appellant.

Spencer A. Studwell and Harry A. English, both of New York City, for appellee.

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

LENROOT, Associate Judge.

This is an appeal in a trade-mark opposition proceeding. Appellant on July 24, 1935, filed in the United States Patent Office its application for the registration of its mark consisting of the notation "COFLO," surrounded by a border, for partially defatted cooked cottonseed flour. Use of the mark was alleged since March 9, 1935.

Appellee filed notice of opposition to said application, alleging ownership of the trade-mark "Covo,"...

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