Exxon Corp. v. National Foodline Corp.

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board), 196 USPQ 444 (1977), granting appellee’s motion for summary judgment and dismissing appellant’s opposition to the registration of EXXELLO for “ICE CREAM MANUFACTURING MACHINE” on application serial No. 36,213, filed November 4,1974, claiming first use on November 21, 1973. We affirm.

Familiarity is assumed with the published board opinion which sets forth the details of the proceedings herein. In brief outline, this opposition has proceeded under Federal Rules of Civil…