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HOT SHOPPES, INC. v. BORDEN COMPANY

Patent Appeal No. 8039.

404 F.2d 999 (1968)

HOT SHOPPES, INC., Appellant, v. The BORDEN COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied March 6, 1969.

Attorney(s) appearing for the Case

Browne, Schuyler & Beveridge, Washington, D. C. (Francis C. Browne, Richard G. Kline, Washington, D. C., of counsel) for appellant.

John L. Sigalos, Maurice T. McElligott, New York City, for appellee.

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

ALMOND, Judge.

Hot Shoppes, Inc. appeals from the decision of the Trademark Trial and Appeal Board1 dismissing its opposition to the application2 of The Borden Company to register "MIGHTY MALT" for frozen confection, namely, ice milk.

Appellant (opposer) is the registrant of the mark "MIGHTY MO" for sandwiches3 and for restaurant services.4<...

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