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LOMA LINDA FOOD CO. v. THOMSON & TAYLOR SPICE CO.

Patent Appeal No. 6546.

279 F.2d 522 (1960)

LOMA LINDA FOOD COMPANY (Pacific Union Association of Seventh-Day Adventists, Assignee, Substituted) v. THOMSON & TAYLOR SPICE CO. (by change of name — A B C Sales Co.).

United States Court of Customs and Patent Appeals.

June 14, 1960.

Attorney(s) appearing for the Case

Munson H. Lane, Washington, D. C. (Albert J. Fihe, Burbank, Cal., of counsel), for appellant.

Arthur Wm. Nelson, Olson, Mecklenburger, von Holst, Pendleton & Neuman, Russell L. Law, Washington, D. C. (Arthur A. Olson, Jr., Chicago, Ill., of counsel), for appellee.

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

KIRKPATRICK, Judge.

Acting upon the petition of the appellee, Thomson & Taylor Spice Co., owner of the unregistered trademark "Breakfast Cup" for coffee, the Examiner of Interferences recommended the cancellation of the registration of the trademark "Breakfast Cup For all the family," issued to the appellant's predecessor, Loma Linda Food Company, for a coffee substitute. The Assistant Commissioner affirmed the examiner's action in granting the petition to cancel...

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