The Nutrasweet Company, Appellant, v. Pfizer Inc., Appellee, 972 F.2d 1355 (Fed. Cir. 1992)

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US Court of Appeals for the Federal Circuit - 972 F.2d 1355 (Fed. Cir. 1992) June 16, 1992

Before ARCHER, CLEVENGER and RADER, Circuit Judges.

PER CURIAM.


The Nutrasweet Company appeals the September 30, 1991 decision of the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board (Board) dismissing Nutrasweet's opposition to the registration of Pfizer Co.'s mark NOVASWEET, for a synthetic sugar substitute. The Nutrasweet Co. v. Pfizer Inc., Opposition No. 79,037 (September 30, 1991). We vacate and remand to the Board for reconsideration of its decision in light of Kenner Parker Toys Inc. v. Rose Art Indus., Inc., --- F.2d ----, 22 USPQ2d 1453 (Fed. Cir. 1992).

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