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APPLICATION OF UNITED BISCUIT COMPANY OF AMERICA

Patent Appeal No. 8045.

404 F.2d 997 (1968)

Application of UNITED BISCUIT COMPANY OF AMERICA.

United States Court of Customs and Patent Appeals.

December 19, 1968.

Attorney(s) appearing for the Case

Bair, Freeman & Molinare, A. W. Molinare, Chicago, Ill. (Robert C. Williams, Chicago, Ill., of counsel) for appellant.

Joseph Schimmel, Washington, D. C., (Raymond E. Martin, Washington, D. C., of counsel) for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN, KIRKPATRICK, Judges.

WORLEY, Chief Judge.

The sole question here is whether an application to register "OPERA" as a trademark for cookies was properly refused by the Trademark Trial & Appeal Board1 on prior use and registration of "OPERA," with musical design matter, for use on wheat flour. We think it was.

That the two marks are virtually identical, there can be no doubt, and, since applicant concedes that

* * * While the channels of...

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