Legal Opinion
Mission Dry Corp. v. Seven-Up Co.
Court of Customs and Patent Appeals
Decided December 18, 1951No. Patent Appeals 5826PublishedCited by 7 opinions
1Opinion of the Court
JACKSON, Judge.
On May 2, 1938, appellant filed its application, serial No. 405,933 to register the trade-mark “Charge Up” as applied to nonalcoholic, maltless beverages used as soft drinks, together with syrups and extracts for preparing the same. The mark, bearing No. 360,613, was registered September 20, 1938.
Appellee petitioned the Commissioner of Patents to cancel the registration of appellant’s mark on November 7, 1947 under the provisions of the Trade-Mark Act of 1946, 15 U.S.C.A. § 1051 et seq. Appellee, in its petition, alleged that it adopted and began the use of the trade-mark…
2Cases cited2 opinions
- Rothman v. Greyhound CorporationCourt of Appeals for the Fourth Circuit · 1949
- Saperstein v. GrundDistrict Court, S.D. Iowa · 1949
3Cited by7 opinions
- Ambrit, Inc. v. Kraft, Inc.Court of Appeals for the Eleventh Circuit · 1986
- Cerveceria Centroamericana, S.A. v. Cerveceria India, Inc.Court of Appeals for the Federal Circuit · 1989
- Ambrit, Inc., F/k/a the Isaly Company, Inc., Cross v. Kraft, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1986
- Major League Baseball Properties, Inc. v. Sed Non Olet Denarius, Ltd.District Court, S.D. New York · 1993
- Auburn Farms, Inc. v. McKee Foods Corp., Trademark Trial and Appeal Board1999
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