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BURGER CHEF SYSTEMS, INC. v. BURGER MAN

Patent Appeal No. 9185.

492 F.2d 1398 (1974)

BURGER CHEF SYSTEMS, INC., Appellant, v. BURGER MAN, INC., Appellee.

United States Court of Customs and Patent Appeals.

March 14, 1974.

Attorney(s) appearing for the Case

Catherine F. McCarthy, General Foods Corp., Law Dept., White Plains, N. Y., attorney of record, for appellant.

Oliver P. Howes, Jr., New York City, attorney of record, for appellee.

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, one member dissenting, 176 USPQ 191 (1972), dismissing an opposition to the registration of the words "Burger Man" with the design of a man as a composite trademark for "drive-in and carry out restaurant services." We reverse.

Opposer is the acknowledged prior user and registrant of "BURGER CHEF" for drive-in restaurant services, Reg. No. 745,577, issued February...

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