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PET MILK COMPANY v. KNUDSEN CREAMERY CO. OF CALIFORNIA

Patent Appeal No. 7327.

341 F.2d 941 (1965)

PET MILK COMPANY, Appellant, v. KNUDSEN CREAMERY CO. OF CALIFORNIA, Appellee.

United States Court of Customs and Patent Appeals.

March 4, 1965.

Attorney(s) appearing for the Case

Roy A. Lieder, Joseph J. Gravely, St. Louis, Mo., James W. Dent, Washington, D. C., for appellant.

E. H. Mosher, Washington, D. C., Elwood S. Kendrick, John P. Scholl, Los Angeles, Cal., for appellee.

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

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, one member dissenting, dismissing the opposition by Pet Milk Company to registration on the Principal Register of the trademark "Petite" for liquid milk, yogurt, and cottage cheese, application serial No. 111,195, filed January 3, 1961. The board's opinion is reported in full at 138 USPQ 532 where applicant's mark is reproduced.

Opposer-appellant relies on prior use (priority...

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