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TRI-VALLEY GROWERS, ETC. v. MAPLE ISLAND, INC.

Patent Appeal No. 7504.

360 F.2d 248 (1966)

TRI-VALLEY GROWERS, ASSIGNEE OF ORRELL'S FOOD PRODUCTS, INC., Appellant, v. MAPLE ISLAND, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 19, 1966.

Attorney(s) appearing for the Case

William G. MacKay, San Francisco, Cal. (Charles R. Allen, Jr., Washington, D. C., of counsel), for appellant.

Submitted on record for appellee.

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

RICH, Acting Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, sustaining an opposition by appellee to the registration of the word BOUNCE as a trademark for "A fountain syrup for making soft drinks."

The opposition is based on appellee's Principal Register registration No. 535,458, Dec. 26, 1950, of the same word as a trademark for "Chocolate Malt Flavored Milk."

Since the applicant's claimed date of first use...

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