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J. S. IVINS' SON v. LAMONT, CORLISS & CO.

Patent Appeal No. 5205.

158 F.2d 399 (1946)

J. S. IVINS' SON, Inc., v. LAMONT, CORLISS & CO.

Court of Customs and Patent Appeals.

December 9, 1946.

Attorney(s) appearing for the Case

Benj. T. Rauber, of New York City (Joseph H. Milans, of Washington, D. C., of counsel), for appellant.

Ray T. Ernst, of New York City, for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON and O'CONNELL, Associate Judges.

BLAND, Associate Judge.

The appellant filed its application in the United States Patent Office for the registration of its trade-mark, "Gate House Cookies by Ivins" accompanied by the picture of a gate and a house at the side, for use upon cookies. The words, "Cookies by Ivins" were disclaimed except in combination with the other features.

The appellee filed notice of opposition to such registration, basing the same upon its registered trade-marks, "Toll House...

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