Legal Opinion

Pet Milk Company v. Knudsen Creamery Co. Of California

Court of Customs and Patent Appeals

Decided March 4, 1965No. Patent Appeal 7327Published

1Opinion of the Court

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, one member dissenting, dismissing the opposition by Pet Milk Company to registration on the Principal Register of the trademark “Petite” for liquid milk, yogurt, and cottage cheese, application serial No. 111,195, filed January 3, 1961. The board’s opinion is reported in full at 138 USPQ 532 where applicant’s mark is reproduced.

Opposer-appellant relies on prior use (priority being conceded) of “PET” as a trademark on goods identical, at least in part, with those named in the application and on several…

2Cases cited4 opinions

  1. Harms v. CohenDistrict Court, E.D. Pennsylvania · 1922
  2. United Drug Co. v. Mercirex Co. (Two Cases)Court of Customs and Patent Appeals · 1950
  3. Purex Corp. v. United Drug Co.Court of Customs and Patent Appeals · 1933
  4. Commerce Drug Company, Inc. D.B.A. Commerce Drug Co. v. Boyle & CompanyCourt of Customs and Patent Appeals · 1964

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