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SALEM COMMODITIES v. MIAMI MARGARINE COMPANY

Patent Appeal No. 6277.

244 F.2d 729 (1957)

SALEM COMMODITIES, Incorporated, Appellant, v. The MIAMI MARGARINE COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

May 27, 1957.

Attorney(s) appearing for the Case

Elisha Hanson, Arthur B. Hanson, and Emmett E. Tucker, Jr., Washington, D. C., for appellant.

J. Gibson Semmes, Washington, D. C. (Semmes & Semmes, Washington, D. C., of counsel), for appellee.

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

O'CONNELL, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, 106 U.S.P.Q. 411, reversing the decision of the Examiner of Interferences in a trademark opposition proceeding and holding appellee to be entitled to registration on the Principal Register, under the Trade-Mark Act of 1946, 15 U.S.C.A. § 1051 et seq., of the notation "Nu-Maid" displayed in block letters and used as a trademark for margarine. The opposition was based...

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