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GEORGE ZIEGLER CO. v. TOM HUSTON PEANUT CO.

Patent Appeal No. 5645.

181 F.2d 237 (1950)

GEORGE ZIEGLER CO. v. TOM HUSTON PEANUT CO.

United States Court of Customs and Patent Appeals.

Decided April 3, 1950.

Attorney(s) appearing for the Case

Ira Milton Jones, Milwaukee, Wis., for appellant.

Mason, Fenwick & Lawrence, and Edward G. Fenwick, Washington, D. C., for appellee.

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

JACKSON, Judge.

On February 12, 1945, appellant filed its application, serial No. 479,743, for registration of the trade-mark "GIANT," as applied to "Candy Confection." Publication of the application appeared in the Official Gazette of the United States Patent Office, dated August 21, 1945. In September of that year, appellee filed its notice of opposition to the registration.

The notice related to the descriptiveness...

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