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MIDLAND COOPERATIVES, INC. v. MIDLAND INTERNATIONAL CORP.

Patent Appeal No. 8261.

421 F.2d 754 (1970)

MIDLAND COOPERATIVES, INC., Appellant, v. MIDLAND INTERNATIONAL CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

February 26, 1970.

Attorney(s) appearing for the Case

Ira Milton Jones, Milwaukee, Wis., attorney of record, for appellant.

Thomas E. Scofield, Kansas City, Mo., for appellee; Claude W. Lowe, Carter H. Kokjer, Scofield, Kokjer, Scofield & Lowe, Kansas City, Mo., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and FORD, Judge, United States Customs Court, sitting by designation.

ALMOND, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board dismissing a trademark opposition proceeding.

Midland International Corporation (hereinafter International) filed application to register "MIDLAND" for electric meters, alleging use since August 15, 1962.

Midland Cooperatives, Inc. (hereinafter Cooperatives) opposed registration on the ground of prior use of the term MIDLAND, both as a trademark and as a trade...

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