COLONY FOODS, INC. v. SAGEMARK, LTD.

Appeal No. 84-562.

735 F.2d 1336 (1984)

COLONY FOODS, INC., Appellant, v. SAGEMARK, LTD., Appellee.

United States Court of Appeals, Federal Circuit.

May 25, 1984.


Attorney(s) appearing for the Case

Darrell L. Olson, Newport Beach, Cal., argued for appellant.

John M. Nolan, Patent Atty., Bettendorf, Iowa, argued for appellee.

Before SMITH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.


NIES, Circuit Judge.

This appeal is from a decision of the Trademark Trial and Appeal Board dismissing a petition to cancel Registration No. 1,027,607 owned by Sagemark, Ltd., for the mark HUNGRY HOBO for restaurant services, based on asserted likelihood of confusion with marks of Colony Foods, Inc. Colony seeks reversal of this holding, and also of the refusal of the board to allow amendment of its petition for cancellation to raise an issue of abandonment of the...

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