MISSION DRY CORP. v. SEVEN-UP CO.

Patent Appeals No. 5826.

193 F.2d 201 (1951)

MISSION DRY CORP. v. SEVEN-UP CO.

United States Court of Customs and Patent Appeals.

December 18, 1951.


Attorney(s) appearing for the Case

Albert J. Fihe, Burbank, Cal. (Munson H. Lane, Washington, D. C., of counsel), for appellant.

John H. Cassidy, St. Louis, Mo., for appellee.

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


JACKSON, Judge.

On May 2, 1938, appellant filed its application, serial No. 405,933 to register the trade-mark "Charge Up" as applied to non-alcoholic, maltless beverages used as soft drinks, together with syrups and extracts for preparing the same. The mark, bearing No. 360,613, was registered September 20, 1938.

Appellee petitioned the Commissioner of Patents to cancel the registration of appellant's mark on November 7, 1947 under the provisions of the Trade...

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