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IN RE NORTHLAND ALUMINUM PRODUCTS, INC.

Appeal No. 85-866.

777 F.2d 1556 (1985)

In re NORTHLAND ALUMINUM PRODUCTS, INC.

United States Court of Appeals, Federal Circuit.

November 20, 1985.

Attorney(s) appearing for the Case

James L. Dooley, Cushman, Darby & Cushman, Washington, D.C., argued for appellant.

John W. Dewhirst, Associate Sol., U.S. Patent and Trademark Office, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Christopher A. Sidoti.

Before DAVIS, KASHIWA, and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

We affirm the decision1 of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (the Board), refusing registration of the word BUNDT, in the form shown, as a trademark for "ring cake mix".

Northland Aluminum filed trademark application Serial No. 433,565 on August 23, 1972, alleging use of the mark BUNDT for ring cake mix in interstate commerce since...

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