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IN RE DC COMICS, INC.

Appeal No. 82-528.

689 F.2d 1042 (1982)

In re DC COMICS, INC.

United States Court of Customs and Patent Appeals.

September 30, 1982.

Attorney(s) appearing for the Case

Arthur J. Greenbaum, New York City, for applicant.

Joseph F. Nakamura, Sol., Fred E. McKelvey, Associate Sol., and Brian Anderson, Trademark Atty., Washington, D. C., for Patent and Trademark Office.

Before MARKEY, Chief Judge, RICH, BALDWIN, MILLER and NIES, Judges.

BALDWIN, Judge.

This is an appeal from the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (board) decision sustaining the examiner's refusal of three applications by appellant for registration on the Principal Register.1 In re DC Comics, 211 USPQ 834 (TTAB 1981). We reverse.

Background

Appellant is a publisher of comic books detailing the fictional exploits of assorted "super heroes" and...

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