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TIFFANY AND COMPANY v. NATIONAL GYPSUM COMPANY

Patent Appeal No. 8644.

459 F.2d 527 (1972)

TIFFANY AND COMPANY, Appellant, v. NATIONAL GYPSUM COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

May 25, 1972.

Attorney(s) appearing for the Case

Milo G. Coerper, Washington, D. C., attorney of record, for appellant; Coudert Brothers, Washington, D. C., of counsel.

Kenneth R. Sommer, Buffalo, N. Y. (Sommer, Weber & Gastel, Buffalo, N. Y.), attorneys of record, for appellee.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and MALETZ, Judge, United States Customs Court, sitting by designation.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 161 USPQ 750 (1969), dismissing appellant's opposition to appellee's application to register the wordmark TIFFANY for wood-fiber, low density ceiling tile and ceiling grid panels. Appellee's application, serial No. 191,870, filed April 23, 1964, alleges first use in January 1949 and first use in interstate commerce in October 1950. Appellant's notice of opposition...

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