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NEW ENGLAND FISH COMPANY v. HERVIN COMPANY

Patent Appeal No. 74-549.

511 F.2d 562 (1975)

NEW ENGLAND FISH COMPANY, Appellant, v. The HERVIN COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

February 27, 1975.

Attorney(s) appearing for the Case

William P. Cole, Philadelphia, Pa. (Synnestvedt & Lechner, Philadelphia, Pa.) attorneys of record, for appellant.

Jacob E. Vilhauer, Jr., Portland, Ore., attorney of record, for appellee.

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

BALDWIN, Judge.

New England Fish Company, owner1 of the mark KITTY for cat food,2 appeals from the decision of the Trademark Trial and Appeal Board,3 dismissing its opposition to an application4 by The Hervin Company, to register the following mark for cat food:

Since there is no dispute that appellant is prior in use and that...

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