APPLICATION OF UNITED BISCUIT COMPANY OF AMERICA

Patent Appeal No. 8046.

404 F.2d 998 (1968)

Application of UNITED BISCUIT COMPANY OF AMERICA.

United States Court of Customs and Patent Appeals.

December 19, 1968.


Attorney(s) appearing for the Case

Bair, Freeman & Molinare, A. W. Molinare, Chicago, Ill. (Robert C. Williams, Chicago, Ill., of counsel) for appellant.

Joseph Schimmel, Washington, D. C. (Jere W. Sears, Washington, D. C., of counsel) for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN, KIRKPATRICK, Judges.


WORLEY, Chief Judge.

United Biscuit seeks registration of "CHERIE" for cookies, specifically sugar wafers. The examiner and Trademark Trial and Appeal Board1 refused registration, holding that mark to be likely, when applied to applicant's goods, to cause confusion, or to cause mistake, or to deceive in view of the prior use and registration of "CHERRY CHERIE"2 for ice cream.

In support of its argument...

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