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FOOD SPECIALTY CO. v. CATZ AMERICAN CO.

Patent Appeal No. 8352.

433 F.2d 817 (1970)

FOOD SPECIALTY CO., Inc., Appellant, v. CATZ AMERICAN CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

November 25, 1970.

Attorney(s) appearing for the Case

Robert W. Beach, Seattle, Wash., attorney of record, for appellant. George R. Jones, Beale & Jones, Arlington, Va., of counsel.

S. Stephen Baker, New York City, for appellee.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and McMANUS, Judge, Northern District of Iowa, sitting by designation.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (abstract 156 USPQ 715) denying appellant's petition to cancel appellee's Principal Register registration No. 720,077, of Aug. 15, 1961, of the trademark "HERE, KITTY!" for canned cat food. We reverse.

Appellant's petition is predicated on its ownership of the trademark "Kitty" for cat food, registered on the Principal Register Aug. 9, 1960, Reg. No. 702,658...

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