Application of Sylvan Sweets Co

JOHNSON, Judge.

The record discloses that on May 5, 1950 appellant filed an application in the Patent Office in accordance with the provisions of the Trade-Mark Act of July 5, 1946, 15 U.S.C.A. § 1051 et seq., to register the trade-mark “Lucky Camel” for candy cigarettes. It was alleged that the mark had been continuously used by appellant on the goods specified and in commerce among the several states of the United States since April 19, 1950.

The examiner refused registration of appellant’s mark in view of Registration No. 126,760, registered September 30, 1919, which was renewed on September…