PACIFIC INDUSTRIES, INC. v. MINNESOTA MINING & MFG. CO.

Patent Appeal No. 8307.

425 F.2d 1265 (1970)

PACIFIC INDUSTRIES, INC., Appellant, v. MINNESOTA MINING AND MANUFACTURING CO., Appellee.

United States Court of Customs and Patent Appeals.

May 21, 1970.


Attorney(s) appearing for the Case

Donald H. Zarley, Bruce W. McKee, Dennis L. Thomte, Dick, Zarley, McKee & Thomte, Des Moines, Iowa, for appellant.

Charles H. Lauder, St. Paul, Minn., for appellee.

Before WORLEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and RICHARDSON, Judge, United States Customs Court, sitting by designation.


LANE, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 155 USPQ 271 (1967), granting appellee's petition to cancel appellant's registration No. 785,620 of "IMPACT" for carbonless transfer copy paper, issued February 23, 1965. We reverse.

Appellee alleged in its petition for cancellation that prior to the first use claimed by appellant, appellee had used the term "impact...

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