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APPLICATION OF KEEBLER COMPANY

Patent Appeal No. 8966.

479 F.2d 1405 (1973)

Application of KEEBLER COMPANY.

United States Court of Customs and Patent Appeals.

June 14, 1973.

Attorney(s) appearing for the Case

A. W. Molinare, Chicago, Ill. (Molinare, Allegretti, Newitt & Witcoff, Chicago, Ill.,) attorneys of record, for appellant. Robert C. Williams, Chicago, Ill., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. John W. Dewhirst, Washington, D. C., of counsel.

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

LANE, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 168 USPQ 608 (1970), sustaining the examiner's refusal to register RICH 'N CHIPS for "cookies."1 The specimen filed by appellant shows the use of the mark on a package of chocolate chip cookies, and it was the examiner's position that the mark is merely descriptive of that product within the meaning of section 2(e)(1) of the Lanham Act...

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