Michigan Mushroom Company v. Nash-Finch Company

MARTIN, Judge.

This appeal is from the decision of the Assistant Commissioner of Patents dismissing an opposition to the registration of a composite mark bearing the words “Dewy-Fresh” for use on fresh vegetables, by the registrant and prior user of “Dawn Fresh.”

Appellee’s mark is a composite having as its background a leaf shaped pattern upon which, in large letters at the center thereof, are the words “Dewy-Fresh” and, at the lower left and extending, in part, off the leaf a little elf-like figure. Use in commerce of that mark since February 10, 1955, has been alleged. Opposer, appellant…