Legal Opinion

McCormick & Company, Inc. v. Marion K. Summers

Court of Customs and Patent Appeals

Decided January 13, 1966No. Patent Appeal 7475PublishedCited by 24 opinions

1Opinion of the Court

ALMOND, Judge.

McCormick & Company, Inc. (McCormick) appeals from the decision of the Trademark Trial and Appeal Board dismissing its opposition 1 to the application 2 of Marion K. Summers (Summers) for registration on the Principal Register of the mark “THE HOUSE OF FLAVORS” for food flavoring extracts, syrups and compounds, food colors, spices, and food seasoning. Use since April 1, 1932 is asserted. Summers is the owner of a registration 3 issued on the Supplemental Register for the identical mark on substantially similar goods.

Summers, as sole proprietor, began his enterprise in 1922 under…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Roselux Chemical Co., Inc., Bonnie-Lan, Inc., and Proxite Products, Inc. v. Parsons Ammonia Company, Inc.Court of Customs and Patent Appeals · 1962
  2. Dewalt, Inc. v. Magna Power Tool Corp.Court of Customs and Patent Appeals · 1961
  3. Application of Schenectady Varnish Company, IncCourt of Customs and Patent Appeals · 1960

3Cited by24 opinions

  1. Coach Services, Inc. v. Triumph Learning LLCCourt of Appeals for the Federal Circuit · 2012
  2. Converse, Inc. v. Int'l Trade Comm'nCourt of Appeals for the Federal Circuit · 2018
  3. Application of Beatrice Foods Co. Application of Fairway Foods, IncCourt of Customs and Patent Appeals · 1970
  4. Flavor Corporation of America, and Cross-Appellant v. Kemin Industries, Inc., and Rolland W. Nelson, and Cross-AppelleesCourt of Appeals for the Eighth Circuit · 1974
  5. Quaker State Oil Refining Corp. v. Quaker Oil Corp.Court of Customs and Patent Appeals · 1972

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