Legal Opinion
Application of United Biscuit Company of America
Court of Customs and Patent Appeals
Decided December 19, 1968No. Patent Appeal 8046PublishedCited by 1 opinion
1Opinion of the Court
WORLEY, Chief Judge.
United Biscuit seeks registration of “CHERIE” for cookies, specifically sugar wafers. The examiner and Trademark Trial and Appeal Board 1 refused registration, holding that mark to be likely, when applied to applicant’s goods, to cause confusion, or to cause mistake, or to deceive in view of the prior use and registration of “CHERRY CHERIE” 2 for ice cream.
In support of its argument here that the board committed reversible error, appellant stresses that its cookies are a “dry bakery” product while ice cream is a refrigerated and perishable product, and that there are…
2Cases cited3 opinions
- Roman Meal Company v. Roman Crest Foods, Inc.Court of Customs and Patent Appeals · 1962
- Shawnee Milling Company v. Sidney Wanzer & Sons, Inc., D.B.A. Wanzer'sCourt of Customs and Patent Appeals · 1968
- Goldenrod Ice Cream Company v. Louisville Pecan CompanyCourt of Customs and Patent Appeals · 1962
3Cited by1 opinion
- Interstate Brands Corp. v. Celestial Seasonings, Inc.Court of Customs and Patent Appeals · 1978