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INCOME TAX SERVICE COMPANY v. FOUNTAIN

Patent Appeal No. 8863.

475 F.2d 655 (1973)

INCOME TAX SERVICE COMPANY, Appellant, v. E. Bruce FOUNTAIN, dba Income Tax Services Company, Appellee.

United States Court of Customs and Patent Appeals.

April 5, 1973.

Attorney(s) appearing for the Case

Ronald A. Jacks, Washington, D. C., attorney of record, for appellant.

Harris Zimmerman, Oakland, Cal., attorney of record, for appellee.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, abstracted at 166 USPQ 285 (1970), granting appellee's petition to cancel appellant's registration No. 848,369, issued April 30, 1968, for the service of preparing income tax statements. Appellant's registered mark consists of "ITS" on a green oval background and claims a date of first use of December 1, 1965.

The petition to cancel under 15 U.S.C. § 1064...

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