NATIONAL NUGRAPE CO. v. JUDGE & DOLPH

Patent Appeals No. 5092.

154 F.2d 521 (1946)

NATIONAL NUGRAPE CO. v. JUDGE & DOLPH, LIMITED.

Court of Customs and Patent Appeals.

Rehearing Denied May 3, 1946.


Attorney(s) appearing for the Case

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

Harry C. Alberts, of Chicago, Ill., for appellee.

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


JACKSON, Associate Judge.

Appellant sought cancellation of the registration of appellee's trade-mark No. 395,289, dated May 19, 1942, for the mark "So-Grape" applied to nonalcoholic maltless beverages and concentrates, relying on its registered trade-mark "NuGrape," No. 164,168, dated February 13, 1923, used on nonalcoholic maltless beverages and sirups and extracts therefor.

The case was submitted on stipulation of the parties.

The Examiner of Interferences...

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