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WEISS NOODLE CO. v. GOLDEN CRACKNEL AND SPECIALTY CO.

Patent Appeal No. 6685.

290 F.2d 845 (1961)

WEISS NOODLE COMPANY, Appellant, v. GOLDEN CRACKNEL AND SPECIALTY COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

June 2, 1961.

Attorney(s) appearing for the Case

Herbert J. Jacobi, Washington, D. C., for appellant.

Thomas L. Poindexter, Detroit, Mich., for appellee.

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

RICH, Judge.

This is a cancellation proceeding. The Trademark Trial and Appeal Board granted the petition of Golden Cracknel and Specialty Co. to cancel registration No. 627,468 of May 22, 1956, granted to Weiss Noodle Co. on application Ser. No. 644,651, published March 6, 1956, in Class 46.

The mark registered was "Ha-Lush-Ka" (the quotes being part of the mark) for "Egg Noodles; and Egg Noodle Products —...

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