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ent001424-034
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I agree.ELWOOD S. KENDRICK LESTER S. HECHT A. DONALD STOLZY MURRAY O. HAYES EUGENE O. HEBERER LAW OFFICES OF Elwood S. Kendrick PATENTS AND TRADE MARKS GENERAL PETROLEUM BUILDING .612 SOUTH FLOWER STREET LOS ANGELES 17, CALIFORNIA July 8, 1957 CABLE ADDRESS ?ǣINVENTION?ǥ Telephone MAdison 6-7793 John C. Mowbray, Esq. 311 South Third Street Las "Vegas, Nevada Dear Mr. Mowbray: We have your letter of June 28, 1957. It was a pleasure to have you and Mr. McCarroll come in and we shall be happy to assist you in any way possible in the Angelbread project. However, as I Indicated to Mr. McCarroll, the word "Angelbread?ǥ is already registered as a Federal trade mark by Wallace & Tierman Process Company, now by change of name, Baker Process Company of Belleville, New Jersey. Their Fed- eral trade mark is dated February 8, 1955, on Certificate No. 601,919* They claim use of this mark since May 13# 1953* The Secretary of State of California has advised us that the name "Angel" is not available for registration as a trade mark for bread because they consider it confusingly similar to the name "ANGEL FOOD", registered April 13, 1929, as a trade mark for bread by C. J. Conkling of San Diego. We have not made a determination as to whether either of these two marks are still in use by their owners. However, it is likely that the Federal mark is still in use and claimed. In view of the above registrations, unless it is found that the marks are no longer claimed and used, it is suggested that the name "Angelbread" be abandoned. This, of course, will undoubtedly be disappointing to Mr. Freeman but it will avoid a lot of trouble. EOH/vsb cc: Mr. Orville McCarroll