Court of Customs and Patent Appeals June 9, 1941, No. 4483 (Pabst-Ett Corp. v. Dr. W. J. Ross Co.)

BlaNd, Judge,

delivered the opinion of the court:

The appellee filed its application in the United States Patent Office for the registration of its mark “Nippy” for use on “Canned Dog and Cat Food.” Appellant filed opposition to the registration, based upon its prior use of the mark “Nippy” on cheese.