Legal Opinion

The Morrison Milling Company v. General Mills, Inc

Court of Customs and Patent Appeals

Decided February 11, 1971No. Patent Appeal 8385Published

1Opinion of the Court

RE, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board 1 sustaining an opposition by General Mills, Inc. to an application 2 by The Morrison Milling Company to register the following mark for prepared corn bread mix:

MORRISON'S

corn-kits

LA36193

General Mills’ opposition is predicated on ownership and prior use of its registered trademarks “Kix” 3 and “Corn Kix” 4 for “Cereal Food Products, Particularly Breakfast Cereal.” General Mills contends that it would be damaged by the registration sought by Morrison because, in its view, “Morrison’s Corn-Kits” so resembles its…

2Cases cited4 opinions

  1. Celanese Corp. v. E. I. Du Pont De Nemours & Co.Court of Customs and Patent Appeals · 1946
  2. Rockwood Chocolate Co., Inc. v. Hoffman Candy CompanyCourt of Customs and Patent Appeals · 1967
  3. Roman Meal Company v. Roman Crest Foods, Inc.Court of Customs and Patent Appeals · 1962
  4. Goldenrod Ice Cream Company v. Louisville Pecan CompanyCourt of Customs and Patent Appeals · 1962

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