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CONSOLIDATED CIGAR CORP. v. REYNOLDS TOBACCO CO.

Patent Appeal No. 9126.

491 F.2d 1265 (1974)

CONSOLIDATED CIGAR CORPORATION, Appellant, v. R. J. REYNOLDS TOBACCO COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

February 28, 1974.

Attorney(s) appearing for the Case

William R. Liberman, New York City, attorney of record, for appellant.

R. Bradlee Boal of Cooper, Dunham, Clark, Griffin & Moran, New York City, attorney of record, for appellee.

Before MARKEY, C. J., and RICH, BALDWIN, LANE and MILLER, JJ.

MILLER, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 174 USPQ 192 (1972), dismissing the opposition of appellant, Consolidated Cigar Corporation, to the registration1 by appellee, R. J. Reynolds Tobacco Company of "DUTCH APPLE" for smoking tobacco. We affirm.

The sole issue is whether the board erred in holding that the use of the marks for their specified products is not likely...

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