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BONGRAIN INTERN. v. DELICE de FRANCE, INC.

Appeal No. 86-1303.

811 F.2d 1479 (1987)

BONGRAIN INTERNATIONAL (AMERICAN) CORPORATION, Appellant, v. DELICE DE FRANCE, INC., Appellee.

United States Court of Appeals, Federal Circuit.

February 12, 1987.

Attorney(s) appearing for the Case

Robert V. Vickers, Body, Vickers & Daniels, Cleveland, Ohio, argued for appellant. With him on the brief was Thomas E. Young, Cleveland, Ohio.

Richard S. Huszagh, Rudnick & Wolfe, Chicago, Ill., argued for appellee. Diane Fields, Geocaris, Rudnick & Wolfe, Chicago, Ill., was on the brief for appellee.

Before RICH, BISSELL and ARCHER, Circuit Judges.

RICH, Circuit Judge.

Bongrain International (American) Corporation (Bongrain) appeals from the March 19, 1986, decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) (unpublished) granting the petition of Delice de France, Inc. (Delice) to cancel two registrations owned by Bongrain. We reverse and remand.

Background

As frequently happens, this cancellation proceeding evolved from the citation...

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