Vitaline Corporation v. General Mills, Inc.

MICHEL, Circuit Judge.

This is an appeal from a decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board (TTAB), dated February 2, 1989, Cancellation No. 17,243, granting summary judgment for General Mills, Inc. (General Mills) on the bases of claim preclusion and Trademark Rule 2.114, and dismissing with prejudice Vitaline Corporation’s (Vitaline’s) petition for cancellation of General Mills’ trademark Registration No. 1,119,067. We affirm.

BACKGROUND

In 1988 Vitaline petitioned for cancellation of General Mills’ Registration No. 1,119,067 of the word mark…