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CONTINENTAL SCALE CORP. v. WEIGHT WATCHERS INT., INC.

Patent Appeal No. 75-526.

517 F.2d 1378 (1975)

CONTINENTAL SCALE CORPORATION, Appellant, v. WEIGHT WATCHERS INTERNATIONAL, INC., Appellee.

United States Court of Customs and Patent Appeals.

June 30, 1975.

Attorney(s) appearing for the Case

Fred L. Witherspoon, Jr., Washington, D. C., Richard L. Johnston, Johnston, Keil, Thompson & Shurtleff, Chicago, Ill., attorneys of record, for appellant.

Patricia Hatry, Davis, Gilbert, Levine & Schwartz, 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 and Trademark Office Trademark Trial and Appeal Board, 183 USPQ 314 (1974), dismissing appellant's petition to cancel appellee's registration No. 840,-874, issued Dec. 19, 1967, of the wordmark WEIGHT WATCHERS for "scales," broadly, meaning weighing scales. The date of first use stated in the registration is June 8, 1965. We reverse.

Familiarity with the board's published opinion will be assumed for...

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