Cooperative Quality Marketing, Inc. v. Dean Milk Company

ALMOND, Judge.

Appellant, Cooperative Quality Marketing, Inc., filed application 1 to register “DAIRY CHARM” in association with an illustration of a head of a cow imposed upon an inverted triangle, a representation of city buildings, and a slogan “DAIRY CHARM FROM FARMER TO CONSUMER,” as a collective mark for butter. Use since May 20, 1959, is asserted, with first use in connection with the sale of butter and subsequent and present use embracing butter, fluid milk, and ice cream. Appellant is a central cooperative organization whose member-users are farmers’ cooperative dairies.

Dean Milk…