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MARRIOTT-HOT SHOPPES, INC. v. McKEE BAKING COMPANY

Patent Appeal No. 8540.

442 F.2d 978 (1971)

MARRIOTT-HOT SHOPPES, INC., Appellant, v. McKEE BAKING COMPANY, d. b. a. Mighty Mike Bakery, Appellee.

United States Court of Customs and Patent Appeals.

June 3, 1971.

Attorney(s) appearing for the Case

Francis C. Browne, Richard G. Kline, J. Michael Cleary, Washington, D. C. (Browne, Beveridge & DeGrandi), Washington, D. C., attorneys of record, for appellant.

Lamont Johnston, Chattanooga, Tenn., attorney of record, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 159 USPQ 685 (1968), dismissing appellant's opposition to appellee's application to register MIGHTY MIKE for cakes, cookies, and pies, serial No. 229,986, filed October 12, 1965, claiming first use August 25, 1965. We affirm.

Appellant relies on its prior registrations of MIGHTY MO for restaurant services, No. 769,701, May 12, 1964, and for sandwiches, No....

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