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APPLICATION OF FERRERO

Patent Appeal No. 8963.

479 F.2d 1395 (1973)

Application of P. FERRERO and C. S. p. A.

United States Court of Customs and Patent Appeals.

Rehearing Denied August 16, 1973.

Attorney(s) appearing for the Case

G. Franklin Rothwell, Washington, D. C. (Sughrue, Rothwell, Mion, Zinn & Macpeak, Washington, D. C.), for appellant.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. R. V. Lupo, Washington, D. C., of counsel.

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

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, abstracted at 168 USPQ 448 (1970), affirming the examiner's refusal to allow appellant's application serial No. 332,592, filed July 15, 1969, to register the word mark "TIC TAC" for "Candy," because of likelihood of confusion with the prior registered word mark "TIC TAC TOE," registration No. 809,357, issued May 31, 1966, for "ice cream and sherbet." The application is based on...

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