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MILWAUKEE NUT COMPANY v. BREWSTER FOOD SERVICE

Patent Appeal No. 6529.

277 F.2d 190 (1960)

MILWAUKEE NUT COMPANY v. BREWSTER FOOD SERVICE.

United States Court of Customs and Patent Appeals.

April 6, 1960.

Attorney(s) appearing for the Case

Wheeler, Wheeler & Wheeler, Milwaukee, Wisc. (S. L. Wheeler, Milwaukee, Wisc., of counsel), for appellant.

James R. McKnight, Chicago, Ill., for appellee.

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

MARTIN, Judge.

Milwaukee Nut Company filed an application to register "Schnaps nuts," which was amended to "Schnaps" by deleting "nuts,"1 for use on shelled salted nuts. An opposition to that registration was filed by Brewster Food Service, owner of the registered mark "Beer Nuts"2 for use on shelled and salted nuts. That opposition was sustained by the Trademark Trial...

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