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CIRCUS FOODS v. WATSON

No. 13830.

251 F.2d 889 (1958)

CIRCUS FOODS, Inc., Appellant, v. Robert C. WATSON, Commissioner of Patents, Frank Herfort Canning Co., Inc., a corporation, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Ordered Filed January 8, 1958.

Attorney(s) appearing for the Case

Mr. Henry Gifford Hardy, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, and Mr. William E. Rollow, Washington, D. C., for appellant. Mr. Noble McCartney, Washington, D. C., also entered an appearance for appellant.

Mr. Clarence W. Moore, Sol. U. S. Patent Office, for appellee Robert E. Watson.

Before FAHY, WASHINGTON and BURGER, Circuit Judges.

PER CURIAM.

Whereas, the complaint herein seeks review of the dismissal by appellee Watson, Commissioner of Patents, of appellant's opposition to an application (T.M. Serial No. 611,179) for registration of a trademark by appellee Circus Fruit Corporation; and

Whereas, it appears that registration of said trademark was denied by appellee Watson, and, no review of such denial having been sought within the time allowed therefor, the denial has become final;...

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