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IN RE DR PEPPER CO.

No. 86-1691.

836 F.2d 508 (1987)

In re DR PEPPER COMPANY.

United States Court of Appeals, Federal Circuit.

December 24, 1987.

Attorney(s) appearing for the Case

Paul F. Kilmer, Mason, Fenwick & Lawrence, of Washington, D.C., argued for appellant.

Albin F. Drost, Asst. Sol., Office of the Solicitor, of Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol.

Before NIES and NEWMAN, Circuit Judges, and RE, Chief Judge.

NIES, Circuit Judge.

Dr Pepper Company appeals from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board, 1 USPQ2d 1421 (TTAB 1986), affirming the examining attorney's refusal to register the mark PEPPER MAN as a service mark on the ground that applicant's asserted service of sponsoring and operating a particular contest to promote its soft drinks was not a service within the contemplation of sections 3 and 45 of the Trademark Act of 1946...

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