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FOREMOST-McKESSON, INC. v. FOREMOST SALES PRO., INC.

Patent Appeal No. 8473.

443 F.2d 1191 (1971)

FOREMOST-McKESSON, INC., Appellant, v. FOREMOST SALES PROMOTIONS, INC., Appellee.

United States Court of Customs and Patent Appeals.

June 24, 1971.

Attorney(s) appearing for the Case

Paul D. Flehr, Milton W. Schlemmer, San Francisco, Cal., attorneys of record, for appellant.

Charles A. Laff, Pendleton, Neuman, Williams & Anderson, Chicago, Ill., attorney of record, for appellee.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and RE, 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, fully reported at 158 USPQ 360, in a consolidated opposition and cancellation proceeding.

In opposition No. 42,743 appellant opposed the registration by appellee of the wordmark FOREMOST as a service mark "for aiding liquor stores in the fields of advertising, merchandising and sales promotion * * *." The board dismissed the opposition.

In cancellation...

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