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UNITED CO-OPERATIVES, INC. v. CALIFORNIA CHEMICAL CO.

Patent Appeal No. 7027.

323 F.2d 1021 (1963)

UNITED CO-OPERATIVES, INC., Appellant, v. CALIFORNIA CHEMICAL COMPANY by Merger and Change of Name from California Spray-Chemical Corporation, Appellee.

United States Court of Customs and Patent Appeals.

November 14, 1963.

Attorney(s) appearing for the Case

Francis C. Browne, Washington, D. C. (William E. Schuyler, Jr., Andrew B. Beveridge and Joseph A. DeGrandi, Washington, D. C., of counsel), for appellant.

James P. Burns, Burns, Doane, Benedict, Swecker & Mathis, Wayne L. Benedict, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Associate Judges.

MARTIN, Judge.

This is an appeal from the decision of the Patent Office Trademark Trial and Appeal Board, 133 USPQ 695, dismissing an opposition to an application by appellee, California Chemical Company, for the registration of UNIPEL as a trademark for fertilizer. Use of the mark by appellee on the designated goods since August 1959 is alleged.

Appellant, United Co-Operatives, Inc., is the registrant of UNICO for...

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