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DUFFY-MOTT COMPANY v. GENERAL MILLS, INC.

Patent Appeal No. 7526.

354 F.2d 394 (1966)

DUFFY-MOTT COMPANY, Inc., Appellant, v. GENERAL MILLS, INC., Appellee.

United States Court of Customs and Patent Appeals.

January 6, 1966.

Attorney(s) appearing for the Case

Emery, Whittemore, Sandoe & Graham, New York City, (Nichol M. Sandoe, New York City, of counsel), for appellant.

Harold D. Jastram, Minneapolis, Minn., for appellee.

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

ALMOND, Judge.

Duffy-Mott Company, Inc., appeals from the decision of the Trademark Trial and Appeal Board dismissing its opposition1 to the applications2 of General Mills, Inc., for registration of the marks "FIGURE FARE" and "FIGURE LIMITED" for dietary food concentrate for weight control. Use of the marks since April 24, 1962 is asserted.

Appellant is the owner by assignment of a registration of...

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