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BALTIMORE PAINT & COLOR WORKS v. BENNETT GLASS & PAINT CO.

Patent Appeal No. 2338.

40 F.2d 1009 (1930)

BALTIMORE PAINT & COLOR WORKS v. BENNETT GLASS & PAINT CO.

Court of Customs and Patent Appeals.

June 4, 1930.

Attorney(s) appearing for the Case

George P. Kimmel, of Washington, D. C. (Samuel Bogorad, of Washington, D. C., of counsel), for appellant.

Harry C. Robb and John F. Robb, both of Washington, D. C., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents sustaining a petition for cancellation of appellant's registered mark and directing the cancellation thereof. The decision appealed from affirmed a like decision of the Examiner of Trade-Mark Interferences.

Appellant obtained its registration on May 31, 1927, the mark consisting of the notation "Surface Insurance Policy Products," used on paste-form and ready-mixed paints...

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