Nestle's Milk Products, Inc. v. Baker Importing Co., Inc
Court of Customs and Patent Appeals
1Opinion of the Court
JOHNSON, Judge.
This is an appeal from the decision of the Commissioner of Patents, 76 U.S.P.Q. 392, reversing the decision of the Examiner of Interferences sustaining appellant’s notice of opposition 1 to appellee’s application for registration of the notation “Hycafe” as a trade-mark for “coffee extract,” and holding that appellee was entitled to register the mark under Section 5 of the Trade-Mark Act of February 20, 1905, 33 Stat. 725, 15 U.S.C.85 [§ 1052].
It is alleged in appellee’s application for registration that appellee has continuously used its mark on its goods since June 18, 1945.
In…
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