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APPLICATION OF HELENA RUBINSTEIN, INC.

Patent Appeal Nos. 8144, 8145.

410 F.2d 438 (1969)

Application of HELENA RUBINSTEIN, INC. (two cases).

United States Court of Customs and Patent Appeals.

May 15, 1969.

Attorney(s) appearing for the Case

Laforest S. Saulsbury, New York City, attorney of record, for appellant.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents. Jack E. Armore, Washington, D. C., of counsel.

Before WORLEY, Chief Judge, McGUIRE, Judge, sitting by designation, and RICH, ALMOND and BALDWIN, Judges.

ALMOND, Judge.

We are confronted here with two separate appeals from a single decision of the Trademark Trial and Appeal Board1 affirming the examiner's refusal to register on the Supplemental Register appellant's marks "PASTEURIZED"2 and "PASTEURIZED" FACE CREAM SPECIAL3 for face cream, on the ground that the word "Pasteurized" was "so highly descriptive as to be incapable of distinguishing...

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