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FOOD SPECIALTY CO. v. STANDARD PRODUCTS COMPANY

Patent Appeal No. 8110.

406 F.2d 1397 (1969)

FOOD SPECIALTY CO., Inc., Appellant, v. STANDARD PRODUCTS COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

March 13, 1969.

Attorney(s) appearing for the Case

Robert W. Beach, Seattle, Wash. (George R. Jones, Beale & Jones, Washington, D. C., of counsel), for appellant.

J. Hanson Boyden, D. C. Roylance, Washington, D. C., for appellee.

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

RICH, Judge.

This appeal is from a decision of the Patent Office Trademark Trial and Appeal Board, 151 USPQ 649 (1966), dismissing appellant's opposition to appellee's registration on the Principal Register of "Pretty Kitty" for cat food, application serial No. 148,668, filed July 9, 1962, claiming first use June 6, 1962. Appellant's opposition is based on its registration1 and prior use of "Kitty" also for cat food.

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