F.R. LEPAGE BAKERY v. ROUSH BAKERY PRODUCTS CO.

No. 88-1095.

851 F.2d 351 (1988)

F.R. LEPAGE BAKERY, INC., Appellant, v. ROUSH BAKERY PRODUCTS CO., INC., Appellee.

United States Court of Appeals, Federal Circuit.

July 7, 1988.


Attorney(s) appearing for the Case

Gerald J. Flintoft, Pennie & Edmonds, New York City, argued, for appellant. With him on the brief, were Philip T. Shannon, Brian D. Coggio and Thomas A. Canova.

G. Franklin Rothwell, Bernard, Rothwell & Brown, P.C., Washington, D.C., argued, for appellee. With him on the brief, was Raymond A. Kurz.

Before FRIEDMAN, RICH and NEWMAN, Circuit Judges.


RICH, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (board), 4 USPQ2d 1401, granting the petition of Roush Bakery Products Co., Inc. (Roush) to cancel1 the registration of the collective mark COUNTRY KITCHEN, No. 629,650, issued June 26, 1956, to American Bakers Cooperative, Inc. (ABC), subsequently assigned to F.R. Lepage Bakery, Inc. (Lepage). We affirm...

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