MR. HERO SANDWICH SYSTEMS, INC. v. ROMAN MEAL CO.

Appeal No. 85-2031.

781 F.2d 884 (1986)

MR. HERO SANDWICH SYSTEMS, INC., Appellant, v. ROMAN MEAL COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

January 10, 1986.


Attorney(s) appearing for the Case

Linn J. Raney of Watts, Hoffmann, Fisher & Heinke, Co., L.P.A., Cleveland, Ohio, argued for appellant.

Edward M. Prince of Cushman, Darby & Cushman, Washington, D.C., argued for appellee.

Before BALDWIN, KASHIWA, and BENNETT, Circuit Judges.


BALDWIN, Circuit Judge.

This appeal is from the decision of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (board), which granted a petition by Roman Meal Company (Roman Meal) to cancel registration of the mark ROMANBURGER for specially prepared carryout foods, namely, sandwiches sold for consumption on or off the premises. Mr. Hero Sandwich Systems, Inc. (Mr. Hero), whose name has since been changed to Restaurant Developer's Corp., registered...

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