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OTTO ROTH & CO., INC. v. UNIVERSAL FOODS CORP.

Appeal No. 80-563.

640 F.2d 1317 (1981)

OTTO ROTH & COMPANY, INC., Appellant, v. UNIVERSAL FOODS CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied March 19, 1981.

Attorney(s) appearing for the Case

Allison C. Collard, Roslyn, N. Y., for appellant.

Fred Wiviott, Milwaukee, Wis., for appellee.

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

RICH, Judge.

This appeal is from the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (board) sustaining appellee's opposition and refusing to register appellant's trademark. The decision is vacated and the case is remanded.

Background

Prior to the present opposition, Lankor International, Inc., appellee-opposer's predecessor-in-interest, applied for registration on the Principal Register of the words...

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