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CORTES v. SCHENLEY DISTILLERS, INC.

Patent Appeal No. 7507.

353 F.2d 248 (1965)

Joseph S. CORTES, d.b.a. Inter-American Trade Company, Appellant, v. SCHENLEY DISTILLERS, INC., Appellee.

United States Court of Customs and Patent Appeals.

December 9, 1965.

Attorney(s) appearing for the Case

Keith Misegades, Washington, D. C., for appellant.

Milton B. Seasonwein, New York City, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (141 U.S.P.Q. 668) dismissing Opposition No. 41,575.

Appellee filed application serial No. 118,499, April 24, 1961, to register the word BUCKINGHAM as a trademark for whiskey. The application was passed to publication and appellant filed notice of opposition, alleging prior rights in and ownership of the identical mark for the same goods.

Appellee answered...

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