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APPLICATION OF CIRCUS FOODS

Application No. 6336.

252 F.2d 310 (1958)

Application of CIRCUS FOODS, Inc.

United States Court of Customs and Patent Appeals.

Rehearing Denied March 11, 1958.

Attorney(s) appearing for the Case

Henry Gifford Hardy, San Francisco, Cal., and William E. Rollow, Washington, D. C., for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for Commissioner of Patents.

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

O'CONNELL, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, acting for the Commissioner, affirming the action of the Examiner of Trademarks refusing to grant appellant a registration of the words "Nutsy the Clown," together with a picture of a circus clown, as a trademark for nuts, peanut butter and oil, candy, popcorn and potato chips. 110 USPQ 501, rehearing denied, 111 USPQ 160.

The examiner's refusal was based on the...

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