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LIPTON INDUSTRIES, INC. v. RALSTON PURINA CO.

Appeal No. 81-565.

670 F.2d 1024 (1982)

LIPTON INDUSTRIES, INC., assignee, by assignment and change of name from Usen Products Company, Appellant, v. RALSTON PURINA COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

February 18, 1982.

Attorney(s) appearing for the Case

Francis W. Guay, Washington, D. C., for appellant.

Alpheus E. Forsman and Annette P. Heller, St. Louis, Mo., for appellee.

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

NIES, Judge.

This is an appeal from the decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board)1 granting the petition to cancel appellant's registration2 of the mark FANCY FIXIN'S for cat food on the ground of abandonment due to nonuse. We affirm.

Background

Since one of the principal issues in this case is what facts were established...

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