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MORTON FOODS, INC. v. FRITO COMPANY

Patent Appeal No. 6936.

314 F.2d 822 (1963)

MORTON FOODS, INC., Appellant, v. The FRITO COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

March 20, 1963.

Attorney(s) appearing for the Case

Melvin R. Jenney, Boston, Mass., James P. Burns, Burns, Doane, Benedict, Swecker & Mathis, Washington, D. C., Kenway, Jenney & Hildreth, Boston, Mass., for appellant.

Gerrit P. Groen, Byron, Hume, Groen & Clement, Chicago, Ill., for appellee.

Before RICH, Acting Chief Judge, and MARTIN, SMITH and ALMOND, Judges.

SMITH, Judge.

Appellant's opposition to appellee's application for registration of its trademark "CHEE.TOS"1 was dismissed by the Trademark Trial and Appeal Board on appellee's motion which raises the sole issue in this case: Does appellant's Notice of Opposition, as a matter of law, state a claim upon which the requested relief can be granted?

The specific allegation in the Notice of Opposition which is pertinent to this issue...

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