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IN RE OWENS-CORNING FIBERGLAS CORP.

Appeal No. 84-1416.

774 F.2d 1116 (1985)

In re OWENS-CORNING FIBERGLAS CORPORATION.

United States Court of Appeals, Federal Circuit.

October 8, 1985.

Attorney(s) appearing for the Case

Patrick P. Pacella, Owens-Corning Fiberglas Corp., Toledo, Ohio, argued for appellant; with him on brief was Mark C. Schaffer, Emch, Schaffer & Schaub Co., L.P.A., Toledo, Ohio.

Michael L. Gellner, Asst. Sol., U.S. Patent and Trademark Office, Arlington, Va., argued for appellee; with him on brief were Joseph F. Nakamura, Sol. and Jere W. Sears, Deputy Sol., Washington, D.C.

Before NEWMAN, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Owens-Corning Fiberglas Corporation (OCF) appeals from the decision of the United States Patent and Trademark Office's Trademark Trial and Appeal Board (the Board) affirming the examining attorney's denial of registration of the color "pink" as a trademark for fibrous glass residential insulation. We reverse.

I.

Alleging use in commerce since 1956, OCF applied on January 25, 1980, application Serial No. 247,707, for...

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