BARASH COMPANY, INC. v. VITAFOAM LIMITED

Patent Appeal No. 8306.

427 F.2d 810 (1970)

The BARASH COMPANY, Inc., Appellant, v. VITAFOAM LIMITED, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 22, 1970.


Attorney(s) appearing for the Case

James M. Heilman (Heilman & Heilman), Washington, D. C., attorney of record, for appellant.

Appellee submits on record.

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


BALDWIN, Judge.

This is an appeal from the decision1 of the Trademark Trial and Appeal Board dismissing a petition to cancel the registration2 of the mark "Vitafoam" owned by Vitafoam Limited, a British Corporation.

The petitioner, appellant here, The Barash Company, Inc., asserts priority of use, not contested, based on its ownership of the registration,3 of the mark "Vitalon...

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