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SWIFT & COMPANY v. SOUTHWEST FERTILIZER & CHEM. CO.

Patent Appeal Nos. 6430-6433.

271 F.2d 268 (1959)

SWIFT & COMPANY, Appellant, v. SOUTHWEST FERTILIZER & CHEMICAL COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

As Corrected November 4, 1959.

Attorney(s) appearing for the Case

Howard M. Biemeck, Chicago, Ill., Earl G. Spiker, Washington, D. C. (William E. Beringer, Chicago, Ill., of counsel), for appellant.

No appearance and no brief for appellee.

Before WORLEY, Acting Chief Judge, and RICH, MARTIN, and JOHNSON, retired, Associate Judges.

WORLEY, Chief Judge.

This appeal is from the decision of the Commissioner of Patents, acting through the Assistant Commissioner, 115 U.S.P.Q. 16, in four consolidated trademark oppositions. The Commissioner affirmed dismissal of two oppositions to registrations of a mark comprising "SWF" with a design wherein the letters are superimposed on a picture of an American Indian type of flint arrow-head aimed at a bullseye symbol formed from the concentric letters "CCo,...

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