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OLD SWISS HOUSE, INC. v. ANHEUSER-BUSCH, INC.

Appeal No. 77-571.

569 F.2d 1130 (1978)

OLD SWISS HOUSE, INC., Appellant, v. ANHEUSER-BUSCH, INC., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 13, 1978.

Attorney(s) appearing for the Case

Robert A. Felsman, Wofford, Felsman, Fails & Zobal, Fort Worth, Tex., attorneys of record, for appellant; Dennison, Dennison, Meserole & Pollack, Arlington, Va., of counsel.

Roy A. Lieder, Gravely, Lieder & Woodruff, St. Louis, Mo., attorneys of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

LANE, Judge.

Old Swiss House, Inc. (petitioner) appeals from the decision of the Trademark Trial and Appeal Board (board), reported at 193 USPQ 502 (1976), in cancellation proceeding No. 10,843, denying the petition to cancel the registration of The Old Swiss House, Reg. No. 937,247, issued July 4, 1972, to Anheuser-Busch, Inc. (registrant), for restaurant services. We reverse.

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