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FAULTLESS STARCH CO. v. SALES PRODUCERS ASSOC.

Patent Appeal No. 75-618.

530 F.2d 1400 (1976)

FAULTLESS STARCH COMPANY, Appellant, v. SALES PRODUCERS ASSOCIATES, INC., Appellee.

United States Court of Customs and Patent Appeals.

March 11, 1976.

Attorney(s) appearing for the Case

Joseph B. Bowman, Kansas City, Mo. (Lowe, Kokjer, Kircher, Wharton & Bowman, Kansas City, Mo.), atty. of record, for appellant.

Robert D. Hovey, Kansas City, Mo., atty. of record, for appellee. Schmidt, Johnson, Hovey & Williams, Kansas City, Mo., of counsel.

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

MARKEY, Chief Judge.

This is an appeal from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board), 185 USPQ 824 (1975), dismissing appellant's (Faultless') opposition No. 54,094, filed March 21, 1973, against application serial No. 401,883, filed September 2, 1971, for registration of the mark "FAULTLESS" for canned foods such as vegetables, potatoes and pickles. Appellee (Sales Producers) alleges use since 1891. Faultless owns a...

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