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FORT HOWARD PAPER CO. v. KIMBERLY-CLARK CORP.

Patent Appeal No. 7915.

390 F.2d 1015 (1968)

FORT HOWARD PAPER COMPANY, Appellant, v. KIMBERLY-CLARK CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

March 14, 1968.

Attorney(s) appearing for the Case

Morsell & Morsell, Curtis B. Morsell, Milwaukee, Wis. (Arthur L. Morsell, Milwaukee, Wis., of counsel), for appellant.

Hume, Clement, Hume & Lee, Jerome Gilson, Chicago Ill. (Dean A. Olds, Chicago, Ill., of counsel), for appellee.

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

RICH, Judge.

This appeal is from a decision of the Patent Office Trademark Trial and Appeal Board, 148 USPQ 607, dismissing appellant's opposition to the registration by appellee of "Hi-Dri" on the Principal Register for "Absorbent Paper Tissue Suitable for Hygienic, Cosmetic, or Cleaning Purposes," serial No. 160,711, filed January 15, 1963, claiming first use December 27, 1962.

Appellant's opposition is based on the admittedly long prior use as trademarks...

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