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In re Martin's Famous Pastry Shoppe, Inc.

748 F.2d 1565 (1984)

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In re Martin’s Famous Pastry Shoppe, Inc.

United States Court of Appeals for the Federal Circuit
748 F.2d 1565 (1984)

SH

Facts

Martin’s Famous Pastry Shoppe, Inc. (Martin’s) (plaintiff) applied to register the trademark Martin’s for use in connection with wheat bran and honey bread. The trademark examiner refused to register the mark, and the Trademark Trial and Appeal Board (board) affirmed on the ground that there would be a likelihood of confusion within the meaning of 15 U.S.C. § 1052(d) between the applied-for mark and the registered mark Martin’s for cheese. Martin’s appealed, contending that the board erred in considering the fact that bread and cheese are likely to be used together as relevant to the question of likelihood of confusion.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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