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UNITED-HAGIE HYBRIDS, INC. v. ESCAMBIA CHEMICAL CORP.

Patent Appeal No. 8057.

404 F.2d 987 (1969)

UNITED-HAGIE HYBRIDS, INC., Appellant, v. ESCAMBIA CHEMICAL CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

January 9, 1969.

Attorney(s) appearing for the Case

James L. Kurtz, Mason, Fenwick & Lawrence, Boynton P. Livingston, G. Cabell Busick, Washington, D. C., for appellant.

Louis F. Reed, Lee C. Robinson, Jr., New York City, for appellee.

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

ALMOND, Judge.

Escambia Chemical Corporation, appellee, filed application1 to register for fertilizers the mark reproduced below, asserting use since April 18, 1962.

United-Hagie Hybrids, Inc., appellant, registrant of the following mark for hybrid seed corn,2 opposes the registration.

The Trademark Trial and Appeal Board dismissed...

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