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IN RE DEFENDER MFG. CO., INC.

No. 2057.

26 F.2d 1012 (1928)

In re DEFENDER MFG. CO., Inc.

Court of Appeals of District of Columbia.

Decided June 4, 1928.

Attorney(s) appearing for the Case

C. M. Chapman, of New York City, for appellant.

T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

This is an appeal from a decision of the Commissioner of Patents, affirming a decision of the Examiner, refusing to register appellant's trademark, consisting of the word "Ironclad," for use on sheets, pillowcases, towels, and handkerchiefs, made in part at least of cotton textile fabric. The refusal was based upon a prior registration by the Franklin Manufacturing Company of the same notation, to wit, "Ironclad," for use on cotton cloth piece...

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