Legal Opinion

Old Monk Olive Oil Co. v. Southwestern Coca-Cola Bottling Co.

Court of Customs and Patent Appeals

Decided April 14, 1941No. 4468PublishedCited by 8 opinions

1Opinion of the CourtLeNROOt, Judge

This is a trade-mark cancellation proceeding- wherein appellant brings before us for review a decision of the Commissioner of Patents which reversed a decision of the Examiner of Trade-mark Interferences sustaining appellant’s petition for cancellation of registration No. 183,211, issued on April 22, 1924, under the provisions of the Trade-Mark Act of February 20, 1905. The mark so registered consists of the words “Old Monk” applied, as stated in the application, to “GINGER ALE, ORANGE, LEMON, LIME, AND PUNCH, ALL BEING NONALCOHOLIC, NONCEREAL, MALTLESS BEVERAGES SOLD AS SOFT DRINKS.”

It…

2Cases cited1 opinion

  1. Mahler v. EbySupreme Court of the United States · 1924

3Cited by8 opinions

  1. American Lava Corp. v. Multronics, Inc.Court of Customs and Patent Appeals · 1972
  2. Rosengart v. Ostrex Co.Court of Customs and Patent Appeals · 1943
  3. Stern Apparel Corporation v. Raingard, Inc.District Court, S.D. New York · 1949
  4. Price Vacuum Stores, Inc. v. Admiral Corp.Court of Customs and Patent Appeals · 1955
  5. Sprayed Insulation, Inc. v. Sprayo-Flake Co.Court of Customs and Patent Appeals · 1952

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