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FOOD SPECIALTY CO., INC. v. KAL KAN FOODS, INC.

Patent Appeal No. 9033.

487 F.2d 1389 (1973)

FOOD SPECIALTY CO., INC. (New England Fish Company, By Substitution), Appellant, v. KAL KAN FOODS, INC., Appellee.

United States Court of Customs and Patent Appeals.

December 20, 1973.

Attorney(s) appearing for the Case

Robert W. Beach, Seattle, Wash., attorney of record, for appellant; George R. Jones, Beale & Jones, Arlington, Va., of counsel.

Stephen Grubb, Los Angeles, attorney of record, for appellee; Francis D. Thomas, Jr., Arlington, Va., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (TTAB), 171 U.S.P.Q. 315 (1971), dismissing appellant's opposition to the registration by appellee of application serial No. 319,771, filed February 24, 1969, claiming first use in January 1968, of the following mark for canned cat food:

The basis of appellant's opposition is solely its ownership and...

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