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ANDERSON, CLAYTON AND COMPANY v. KRIER

Patent Appeal No. 8916.

478 F.2d 1246 (1973)

ANDERSON, CLAYTON AND COMPANY, Appellant, v. Harry KRIER, d.b.a. the 7 Seas Restaurant, Appellee.

United States Court of Customs and Patent Appeals.

June 7, 1973.

Attorney(s) appearing for the Case

G. Cabell Busick, Carol L. B. Matthews, Mason, Fenwick & Lawrence, Washington, D. C., attorneys of record, for appellant.

Harry Krier, pro se.

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

ALMOND, Senior Judge.

This is an appeal from the decision of the Patent Office Trademark Trial and Appeal Board, abstracted at 167 USPQ 410 (1970), dismissing the opposition filed by appellant to the registration of the trademark 7 SEAS1 for "Hush Puppies." Appellee's application alleges first use on January 1, 1954 and first use in commerce on January 13, 1959. We reverse that decision.

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