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KING-KUP CANDIES, INC. v. KING CANDY COMPANY

Patent Appeal No. 6633.

288 F.2d 944 (1961)

KING-KUP CANDIES, INC., Applicant-Appellant, v. KING CANDY COMPANY, Opposer-Appellee.

United States Court of Customs and Patent Appeals.

April 14, 1961.

Attorney(s) appearing for the Case

William Steel Jackson & Sons, Philadelphia, Pa. (Edward Lovett Jackson and Joseph Gray Jackson, Philadelphia, Pa., and John B. Armentrout, Washington, D. C., of counsel), for appellant.

Mason, Fenwick & Lawrence, Washington, D. C. (Edward G. Fenwick, Jr., and G. Cabell Busick, Washington, D. C., of counsel), for appellee.

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

KIRKPATRICK, Judge.

This is an appeal by the applicant, King-Kup Candies, Inc., from the decision of the Trademark Trial and Appeal Board sustaining an opposition to the registration of the trademark, "King-Kup."

The opposer is King Candy Company, registrant of "King's" and "King's for American Queens," and its priority is not disputed.

Both parties are manufacturers of candy and the goods in connection with...

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