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APPLICATION OF CONTINENTAL BAKING COMPANY

Patent Appeal No. 7863.

390 F.2d 747 (1968)

Application of CONTINENTAL BAKING COMPANY.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 11, 1968.

Attorney(s) appearing for the Case

Warren H. Rotert, New York City (Morgan, Finnegan, Durham & Pine, Granville M. Pine, New York City, of counsel), for appellant.

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

Before WORLEY, Chief Judge, CLARK, Justice, and RICH, SMITH, and KIRKPATRICK, Judges.

WORLEY, Chief Judge.

Continental seeks registration of "County Fair" for fresh bread, cake and sweet goods — namely cinnamon sticks, sweet rolls and assorted pastries. Registration has been refused on the ground that applicant's mark so resembles the mark "County Fair," previously registered for frozen fruit and cream pies, as to be likely to cause confusion. In so holding, the Trademark Trial and Appeal Board stated, 147 USPQ 333:

Applicant's director...

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