Bellbrook Dairies, Inc. (Edlo, Inc., Assignee, Substituted) v. Hawthorn-Mellody Farms Dairy, Inc.

O’CONNELL, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, acting for the Commissioner, 110 U.S. P.Q. 372, reversing the decision of the Examiner of Interferences and dismissing an opposition filed by appellant, Bellbrook Dairies, Inc. (Edlo, Inc., as-signee, substituted) to the registration by appellee, Hawthorn-Mellody Farms Dairy, Inc., of the trade-mark “Vita-Slim” for fluid milk. The opposition was based on appellant’s alleged prior use of “Slim” as a trade-mark for fluid milk.

The record shows continuing use of the word “slim,” in large letters, on-…