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TAS-T-NUT COMPANY v. VARIETY NUT & DATE COMPANY

Patent Appeal No. 6805.

304 F.2d 903 (1962)

The TAS-T-NUT COMPANY, Appellant, v. VARIETY NUT & DATE COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

July 25, 1962.

Attorney(s) appearing for the Case

Walter G. Finch, Baltimore, Md., and Alfred P. Ashton, Baltimore, Md., of counsel, for appellant.

Daniel G. Cullen, Bernard J. Cantor, Cullen & Cantor, Detroit, Mich., for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (128 USPQ 166) dismissing appellant's opposition to the registration on the Principal Register of the trademark PIC-A-NUT for "nut meats." The application, Ser. No. 5,142, was filed March 23, 1956, claiming first use of the mark in March 1949 and first use in interstate commerce a year later. No special form of the mark is shown in the application but the accompanying...

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