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APPLICATION OF PREFORMED LINE PRODUCTS COMPANY

Patent Appeal No. 6993.

323 F.2d 1007 (1963)

Application of PREFORMED LINE PRODUCTS COMPANY.

United States Court of Customs and Patent Appeals.

November 14, 1963.

Attorney(s) appearing for the Case

George T. Mobille, Cushman, Darby & Cushman, Washington, D. C. (Gerrit P. Groen, Patrick H. Hume, Henry L. Brinks, Byron, Hume, Groen & Clement, Chicago, Ill., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

SMITH, Judge.

The Trademark Trial and Appeal Board affirmed (133 USPQ 623) the refusal of the examiner to register appellant's alleged mark "Preformed"1 on the Principal Register under section 2(f) of the Trademark Act of 1946 (15 U.S.C. 1052). The refusal to register the alleged mark was on the ground that the mark is merely descriptive and in the public domain as applied to applicant's goods and is therefore incapable of distinguishing...

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