HY-CROSS HATCHERY, INC. v. OSBORNE

Patent Appeal No. 6831.

303 F.2d 947 (1962)

HY-CROSS HATCHERY, INC., Appellant, v. Percy J. OSBORNE (Joseph H. Welp, Assignee, Substituted), Appellee.

United States Court of Customs and Patent Appeals.

June 15, 1962.


Attorney(s) appearing for the Case

Dale L. Porter and Rudolph L. Lowell, Des Moines, Iowa, for appellant.

Submitted on record by appellee.

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


RICH, Judge.

This appeal is from the decision, adhered to on Request for Reconsideration (129 USPQ 232), of the Patent Office Trademark Trial and Appeal Board denying appellant's petition to cancel Registration No. 524,413, on the Principal Register, dated April 25, 1950, for the trademark "HY-CROSS" (the quotation marks being part of the mark) for "Live Poultry for Breeding Purposes and Eggs for Hatching," issued to Percy...

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