SQUIRT COMPANY v. EVANS

Patent Appeal No. 6530.

276 F.2d 415 (1960)

SQUIRT COMPANY v. T. C. EVANS (The Sprite Corporation, Assignee, Substituted).

United States Court of Customs and Patent Appeals.

March 30, 1960.


Attorney(s) appearing for the Case

Beehler & Shanahan, Los Angeles, Cal. (Edmond F. Shanahan, Los Angeles, Cal., of counsel), for appellant.

Julius R. Lunsford, Jr., Atlanta, Ga., for appellee.

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


RICH, Judge.

These are consolidated trademark oppositions, Nos. 35,343 and 35,453, wherein appellant appeals from the decision of Examiner-in-Chief Federico, acting for the Commissioner of Patents, affirming the dismissal of the oppositions by the Examiner of Interferences.

Appellee filed application Ser. No. 681,501 February 11, 1955, to register the word mark "sprite" for "nonalcoholic, maltless soft drinks, namely, fruit flavored drinks, root beer and ginger...

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