Chicago Dietetic Supply House, Inc. v. Perkins Products Company (General Foods Corporation, Assignee, Substituted)

SMITH, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, 120 USPQ 91, reversing the decision of the Examiner of Interferences and sustaining the opposition filed under section 13 of the Trademark Act of 1946, 15 U.S.C.A. § 1063, by appellee, to an application, serial No. 699,061, filed November 29, 1955, by appellant to register the name “Cool Sip” under section 2 of said act, 15 U.S.C.A. § 1052, as a trademark for a liquid concentrate and a preparation in powder form for making dietary beverages or soft drinks.

Appellee is the owner of the trademark…