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APPLICATION OF APPAREL, INC.

Patent Appeal No. 7659.

366 F.2d 1022 (1966)

APPLICATION of APPAREL, INC.

United States Court of Customs and Patent Appeals.

October 20, 1966.

Attorney(s) appearing for the Case

F. M. deRosa for appellant.

Joseph Schimmel, Washington, D. C., (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

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

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 144 USPQ 330 (1964), affirming the rejection of application serial No. 102,178, filed August 8, 1960, to register, on the Principal Register, a composite mark consisting of the words "Peaches 'n' Cream" appearing over the skirt portion of what purports to be the outline of a child's dress. First use August 10, 1947, is alleged. The goods are "children's dresses."

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