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CURTICE-BURNS, INC. v. NORTHWEST SANITATION PROD.

Patent Appeal No. 75-628.

530 F.2d 1396 (1976)

CURTICE-BURNS, INC., Appellant, v. NORTHWEST SANITATION PRODUCTS, INC., Appellee.

United States Court of Customs and Patent Appeals.

March 11, 1976.

Attorney(s) appearing for the Case

James M. Wetzel, Wetzel, Greenawalt & Fitzgibbon, Chicago, Ill., attys. of record, for appellant.

Alvin E. Hendricson, San Francisco, Cal. (Gregg, Hendricson & Caplan, San Francisco, Cal.), William G. MacKay, San Francisco, Cal., attys. of record, for appellee. Charles R. Allen, Jr., Arlington, Va., of counsel.

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, 185 USPQ 61 (1975), dismissing appellant's petition to cancel appellee's registration No. 826,533, issued March 28, 1967, of the mark BLU-BOY for "toilet bowl cleaner, freshener, and deodorizer." We affirm.

Background

Appellant owns registration No. 811,784, issued July 26, 1966, of the mark BLUE BOY for "carbonated soft drinks...

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