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IN RE HYPER SHOPPES (OHIO), INC.

No. 87-1410.

837 F.2d 463 (1988)

In re HYPER SHOPPES (OHIO), INC.

United States Court of Appeals, Federal Circuit.

January 13, 1988.

Attorney(s) appearing for the Case

James D. Liles, of Frost & Jacobs, Cincinnati, Ohio, argued for appellant. With him on the brief were James H. Hayes and Ronald J. Snyder, of Frost & Jacobs, Cincinnati, Ohio.

Nancy E. Slutter, Asst. Sol., Arlington, Va., argued for appellee. With her on the brief were Joseph E. Nakamura, Sol., and Fred E. McKelvey, Deputy Sol.

Before RICH and DAVIS, Circuit Judges, and BENNETT, Senior Circuit Judge.

RICH, Circuit Judge.

This appeal is from the March 31, 1987, decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board), affirming the final refusal to register two closely related marks, shown below, applications serial Nos. 504,148 and 504,077, both filed October 16, 1984, for "retail grocery and general merchandise store services." We affirm.

OPINION...

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