SEABROOK FOODS, INC. v. BAR-WELL FOODS LTD.

Appeal No. 77-547.

568 F.2d 1342 (1977)

SEABROOK FOODS, INC., Appellant, v. BAR-WELL FOODS LIMITED, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied February 8, 1978.


Attorney(s) appearing for the Case

Arthur J. Greenbaum, New York City, attorney of record for appellant; Carol Faye Simkin, New York City, of counsel.

C. Lyman Emrich, Jr., Chicago, Ill., attorney of record for appellee; Robert R. Caliri, Chicago, Ill., of counsel.

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


MILLER, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board ("board")1 dismissing Seabrook's opposition, filed April 22, 1974, to Bar-Well's application No. 463,140, filed July 16, 1973, for registration of the mark shown below for frozen fruits and frozen vegetables. We affirm.

BACKGROUND

Opposition is based on Seabrook's prior use of the mark shown below, registration No...

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