MARRIOTT-HOT SHOPPES, INC. v. BURGER FAMILY, INC.

Patent Appeal No. 8129.

408 F.2d 474 (1969)

MARRIOTT-HOT SHOPPES, INC., Appellant, v. BURGER FAMILY, INC., Appellee.

United States Court of Customs and Patent Appeals.

April 3, 1969.


Attorney(s) appearing for the Case

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

Marlin Ralph Shaffer, Salt Lake City, Utah, for appellee.

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


ALMOND, Judge.

Marriott-Hot Shoppes, Inc., appeals from the decision of the Trademark Trial and Appeal Board, 152 USPQ 838, dismissing its opposition to the application of Burger Family, Inc.,1 seeking registration on the Principal Register of the mark TEEN burger (with "burger" being disclaimed) for "Hamburger Type Sandwiches," asserting use in interstate commerce on or before August 26, 1963.

Appellant alleged below and contends...

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