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BURGER CHEF SYSTEMS, INC. v. SANDWICH CHEF, INC.

Appeal No. 79-547.

608 F.2d 875 (1979)

BURGER CHEF SYSTEMS, INC., Appellant, v. SANDWICH CHEF, INC., Appellee.

United States Court of Customs and Patent Appeals.

October 25, 1979.

Attorney(s) appearing for the Case

Edward J. Moy, White Plains, N. Y., attorney of record for appellant.

Manning G. Warren, III, Birmingham, Ala., attorney of record for appellee; J. Michael Rediker, Birmingham, Ala., of counsel.

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

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board ("board"),1 dismissing an opposition to the registration of appellee's "SANDWICH CHEF" and design mark. The board held that there was no likelihood of confusion over the source of the services offered from the contemporaneous use of opposer's "BURGER CHEF" and "SANDWICH CHEF" in "their natural settings with distinctly...

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