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LEVER BROS. CO. v. GEO. A. HORMEL & CO.

Patent Appeals No. 5547.

173 F.2d 903 (1949)

LEVER BROS. CO. v. GEO. A. HORMEL & CO.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 2, 1949.

Attorney(s) appearing for the Case

Spencer A. Studwell, of New York City, for appellant.

Franklin M. Warden, of Chicago, Ill., for appellee.

Before GARRETT, Chief Judge, and HATFIELD, JACKSON, O'CONNELL, and JOHNSON, Judges.

JOHNSON, Judge.

This is an appeal from the decision of the First Assistant Commissioner of Patents reversing the decision of the Examiner of Interferences sustaining the opposition of appellant to the application of appellee filed March 5, 1945, for registration of the notation "Spic," continuously used by the appellee since February 22, 1945, as a trade-mark for animal fat shortening.

The opposition is based upon section 5 of the Trade-Mark Act of February...

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