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NORRIS, INC. v. CHARMS CO.

Patent Appeal No. 4288.

111 F.2d 479 (1940)

NORRIS, Inc., v. CHARMS CO.

Court of Customs and Patent Appeals.

May 6, 1940.

Attorney(s) appearing for the Case

Hirsch, Smith & Kilpatrick and Ernest P. Rogers, all of Atlanta, Ga., and Browne & Phelps and Thomas L. Mead, Jr., all of Washington, D. C., for appellant.

William F. Nickel, of New York City, for appellee.

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

BLAND, Associate Judge.

In this appeal from the decision of the Commissioner of Patents, appellant challenges the correctness of his decision in affirming that of the Examiner of Interferences in sustaining the petition of the appellee for the cancellation of appellant's registered trade-mark "Charmant," No. 344,410, which was registered March 23, 1937, for use on candy. Appellant alleged a trade-mark use since September 1929. Appellee's trade-mark, upon which the...

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