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APPLICATION OF ANDES CANDIES INC.

Pat. Appeal No. 9065.

478 F.2d 1264 (1973)

Application of ANDES CANDIES INC.

United States Court of Customs and Patent Appeals.

June 14, 1973.

Attorney(s) appearing for the Case

E. Manning Giles, Chicago, Ill., atty. of record, for appellant. Pope, Ballard, Shepard & Fowle, Chicago, Ill., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Jack E. Armore, Washington, D. C., of counsel.

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

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 171 USPQ 574 (1971) refusing registration of CREME DE MENTHE for "laminated chocolate mint candy squares." Applicant, relying on use since 1950 and other evidence, sought registration under Section 2(f) of the Trademark Act of 1946.1 The tribunals below considered the mark a flavor designation and viewed the evidence as failing...

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