APPLICATION OF E. KAHN'S SONS COMPANY

Patent Appeal No. 7383.

343 F.2d 475 (1965)

Application of the E. KAHN'S SONS COMPANY.

United States Court of Customs and Patent Appeals.

April 15, 1965.


Attorney(s) appearing for the Case

William A. Smith, Jr., Washington, D. C. (Roy F. Schaeperklaus, James W. Pearce, Cincinnati, of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

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


RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board affirming the examiner's refusal to register the words "The Wiener the World Awaited" as a trademark for bacon. No design features are asserted to be part of the mark although in actual use such features are sometimes employed.

The mark, as is apparent, is a slogan. It is used by The E. Kahn's Sons Company, of Cincinnati, Ohio, to promote the sale of various meat products...

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