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FRED W. AMEND CO. v. AMERICAN CHARACTER DOLL CO.

Patent Appeals No. 6130.

223 F.2d 277 (1955)

FRED W. AMEND CO. v. AMERICAN CHARACTER DOLL CO.

United States Court of Customs and Patent Appeals.

June 15, 1955.

Attorney(s) appearing for the Case

Wilkinson, Huxley, Byron & Hume, Chicago, Ill. (Milton T. Miller, Chicago, Ill., and Samuel Lebowitz, Washington, D. C., of counsel), for appellant.

Albert J. Clark, New York City, for appellee.

Before O'CONNELL, Acting Chief Judge, and JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges.

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 99 USPQ 249, sustaining the decision of the Examiner of Interferences which dismissed appellant's petition to cancel appellee's mark "Chuckles" as applied to dolls.

Appellant is the owner of Registration No. 515,075, "Chuckles" for use on candy. This mark was registered on September 13, 1949, based on use since 1922. It appears from...

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