Barron-Gray Packing Co. v. Bruce's Juices, Inc.

This appeal, in a trade-mark cancellation proceeding, is from a decision of the Commissioner of Patents, affirming that of the Ex*1107aminer of Interferences, dismissing the petition of appellant for cancellation of the registration of appellee’s trade-mark, which is a picture of three oddly shaped figures of little men waiters, each carry-ihg a tray upon which appears to be a glass of fruit or vegetable juice.

The mark, registration No. 374,765, is applied to “Canned Fruit and Vegetable Juices” and has been so used in appellee’s business since March 1938.

The litigation stems from two opposition…