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PLANTERS NUT & CHOCOLATE CO. v. CROWN NUT CO.

Patent Appeal No. 6812.

305 F.2d 916 (1962)

PLANTERS NUT & CHOCOLATE COMPANY, Appellant, v. CROWN NUT COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

August 15, 1962.

Attorney(s) appearing for the Case

Mason, Fenwick & Lawrence, Boynton P. Livingston, Washington, D. C. (G. Cabell Busick, Washington, D. C., of counsel), for appellant.

Robert K. Youtie, Philadelphia, Pa., for appellee.

Before WORLEY, Chief Judge, and 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 345) dismissing the opposition of Planters Nut & Chocolate Company to the registration of a design mark, in the form of an animated peanut, by Crown Nut Company, Inc., application Ser. No. 5,979, filed April 9, 1956, Opposition No. 37,911. Applicant claims use only since February 17, 1953, on the goods named in the application, "Nuts, shelled and unshelled...

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