Kroger Grocery & Baking Co. v. Blue Earth Canning Co.

LENROOT, Associate Judge.

This is a trade-mark opposition proceeding. The involved marks are “Country Club,” used by appellant, and “Country Kist,” used by appellee. Both marks are applied to identical goods, viz., canned vegetables.

Appellee, on March 22, 1932, applied for registration, under the Trade-Mark Act of February 20, 1905 (as amended, 15 U.S.C.A.'§ 81 et seq.), of the mark “Country Kist,” for use on canned vegetables, and in its application stated that the mark had been so used since on or about February 1, 1928.

On December 7, 1932, appellant filed notice of opposition to appellee’s…