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WATSON v. CIRCUS FOODS, INC.

No. 14994.

275 F.2d 893 (1960)

Robert C. WATSON, Commissioner of Patents, Appellant v. CIRCUS FOODS, INC., and USTCO Products Corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 25, 1960.

Attorney(s) appearing for the Case

Mr. George C. Roeming, Attorney, United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellant.

Mr. Henry Gifford Hardy, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Mr. William E. Rollow, Washington, D. C., was on the brief, for appellees.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.

PER CURIAM.

The Commissioner of Patents appeals from a judgment of the United States District Court which held that Circus Foods, Inc., is entitled to register its trademark as set forth in its application, Serial No. 610,491, filed February 24, 1951, and which authorized the Commissioner to issue such registration. The appellant urges that the application showed false dates of first use of the trademark, that the representations...

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