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NESTLE'S MILK PRODUCTS v. BAKER IMPORTING CO.

Patent Appeals No. 5655.

182 F.2d 193 (1950)

NESTLE'S MILK PRODUCTS, Inc. v. BAKER IMPORTING CO., Inc.

United States Court of Customs and Patent Appeals.

May 9, 1950.

Attorney(s) appearing for the Case

Mock & Blum, New York City (Asher Blum, New York City, and Charles R. Allen, Washington, D. C., of counsel), for appellant.

Munn, Liddy & Glaccum, New York City (Sylvester J. Liddy and John H. Glaccum, New York City, of counsel), for appellee.

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

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, 76 U.S.P.Q. 392, reversing the decision of the Examiner of Interferences sustaining appellant's notice of opposition1 to appellee's application for registration of the notation "Hycafe" as a trade-mark for "coffee extract," and holding that appellee was entitled to register the mark under Section 5 of the Trade-Mark Act of February 20, 1905, 33 Stat. 725...

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