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KING CANDY COMPANY v. EUNICE KING'S KITCHEN, INC.

Patent Appeal No. 9245.

496 F.2d 1400 (1974)

KING CANDY COMPANY, Appellant, v. EUNICE KING'S KITCHEN, INC., Appellee.

United States Court of Customs and Patent Appeals.

June 6, 1974.

Attorney(s) appearing for the Case

J. Timothy Hobbs, Washington, D. C. (Mason, Fenwick & Lawrence, Washington, D. C.), attorney of record, for appellant.

William B. Mason, Arlington, Va. (Mason, Mason & Albright, Arlington, Va.), attorney of record, for appellee.

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

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973), dismissing the opposition of appellant to the registration by appellee of MISS KING'S used on cakes, canned specialty cakes and fruit cakes since August 1, 1948.1 Appellant relied on its existing registrations of KING'S2 and KATHRYN KING'S,

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