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PIONEER HI-BRED CORN COMPANY v. WELP

Patent Appeal No. 6564.

280 F.2d 151 (1960)

PIONEER HI-BRED CORN COMPANY v. Joseph H. WELP.

United States Court of Customs and Patent Appeals.

July 13, 1960.

Attorney(s) appearing for the Case

Dale L. Porter, Des Moines, Iowa (Rudolph L. Lowell, Des Moines, Iowa, of counsel), for appellant.

Robert B. Harmon, John H. Lewis, Jr., Harvey B. Jacobson, Washington, D. C. (Robert C. Garber, of counsel), for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN, and SMITH, Judges, and WILLIAM H. KIRKPATRICK, Judge.

WORLEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board of the United States Patent Office dismissing an opposition by appellant to appellee's application for registration of "Hy-Croft" as a trademark for poultry hatching eggs and baby chicks. The opposition was based on appellant's prior registration and use of "Hy-Line" as a trademark for poultry, seed corn, and hatching eggs. Appellant's priority of use is not disputed, thus...

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