McCANE v. MIMS

Patent Appeals No. 5750.

187 F.2d 163 (1951)

McCANE v. MIMS.

United States Court of Customs and Patent Appeals.

February 6, 1951.


Attorney(s) appearing for the Case

Ernest P. Rogers and Smith, Kilpatrick, Cody, Rogers & McClatchey, all of Atlanta, Ga., for appellant.

Henry L. Jennings and Jennings & Carter, all of Birmingham, Ala., for appellee.

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


GARRETT, Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 80 U.S.P.Q. 104, affirming the decision of the Examiner of Interferences in a trade-mark interference proceeding, which originated in the United States Patent Office.

The interference was declared October 28, 1946, between the registration "Lucky-Seven," Trade-Mark 389,456, in the name of "T. A. McCane, doing business as Queen...

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