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9 May 2008, 4:00 am
In re Frito-Lay North America, Inc., Serial No. 78555200 (May 2, 2008) [not precedential].In the Final Refusal, the Examining Attorney made the strange argument that the fact that Frito-Lay had registered the mark in the design form shown below (with the same specimen of use) was evidence that "applicant recognizes this application contains two separate marks. [read post]