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ROYAL CROWN COLA CO. v. SWEETIE BEVERAGES, INC.

Patent Appeal No. 6842.

309 F.2d 503 (1962)

ROYAL CROWN COLA CO., Appellant, v. SWEETIE BEVERAGES, INC., Appellee.

United States Court of Customs and Patent Appeals.

November 14, 1962.

Attorney(s) appearing for the Case

Parker & Walsh, Raymond A. Walsh, Washington, D. C., for appellant.

Caesar & Rivise, A. D. Caesar, Philadelphia, Pa., (Alan H. Bernstein and Stanley H. Cohen, Philadelphia, Pa., of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge JOSEPH R. JACKSON, Retired.

MARTIN, Judge.

This is an appeal from the decision of the Patent Office Trademark Trial and Appeal Board dismissing an opposition to registration of the words ACE HIGH as a trademark for root beer.

The applicant, appellee here, is the Sweetie Beverages, Inc. Use of the mark by appellee since 1956 is alleged. The opposer-appellant, Royal Crown Cola Co., is the owner of the registered mark NEHI for nonalcoholic, maltless beverages sold as soft drinks, and syrups...

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