APPLICATION OF BLANCHARD IMPORTING & DISTRIBUTING CO.

Patent Appeal No. 7669.

360 F.2d 254 (1966)

Application of BLANCHARD IMPORTING & DISTRIBUTING CO., Inc.

United States Court of Customs and Patent Appeals.

May 19, 1966.


Attorney(s) appearing for the Case

Harold E. Cole, Boston, Mass., for appellant.

J. Schimmel, Washington, D. C. (Jere W. Sears, Washington, D. C., of counsel), for the Commissioner of Patents.

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


SMITH, Judge.

The issue here is whether appellant's mark so resembles the previously registered mark of another, "as to be likely, when applied to the goods of * * * [appellant] to cause confusion, or to cause mistake, or to deceive." Trademark Act of 1946, section 2(d), (15 U.S. C. § 1052(d)).

Appellant's mark1 is "CANADIAN CHAMP" for "Blended Whiskey." Exclusive right to use "CANADIAN" has been disclaimed. The previously...

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