WORLEY, Chief Judge.
The sole issue here is whether the provisions of Section 2(d) of the Lanham Act, 15 U.S.C.A. § 1052(d) preclude registration of applicant's mark.
The record shows that the American Sugar Refining Company, opposer below and appellant here, has used the word DOMINO as its trademark for sugar since 1891. The mark was registered in 1901 and has been continuously renewed. From 1948 to 1958 a six million dollar advertising expenditure contributed...
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