J. KOHNSTAM, LTD. v. LOUIS MARX AND COMPANY

Patent Appeal No. 6503.

280 F.2d 437 (1960)

J. KOHNSTAM, LTD. v. LOUIS MARX AND COMPANY, Inc., and Linemar Co., Inc.

United States Court of Customs and Patent Appeals.

June 29, 1960.


Attorney(s) appearing for the Case

Abraham A. Saffitz, Washington, D. C. (Emanuel R. Posnack, New York City, of counsel), for appellant.

James & Franklin, New York City (Maxwell James, New York City, of counsel), for appellees.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge C. WILLIAM KRAFT, Jr.


RICH, Judge.

This appeal is from the decision of the Assistant Commissioner of Patents affirming the decision of the Examiner of Interferences which sustained an opposition to the registration of "`Matchbox' Series" on the Principal Register as a trademark for "toy model vehicles and toy model machines."

J. Kohnstam, Ltd., a British corporation of London, England, filed an application to register the mark on April 21, 1955, serial No. 685,985, claiming first...

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