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CELOTEX CO. v. CHICAGO PANELSTONE CO.

No. 2887.

49 F.2d 1051 (1931)

CELOTEX CO. v. CHICAGO PANELSTONE CO.

Court of Customs and Patent Appeals.

June 1, 1931.

Attorney(s) appearing for the Case

Charles M. Thomas, of Washington, D. C., Samuel E. Darby, Jr., and John S. Bradley, both of New York City (William E. Seaver, of Washington, D. C., of counsel), for appellant.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents dismissing the opposition of appellant and holding that appellee was entitled to the registration of the mark "Opal-Tex" for use on ornamental wall board.

In its application for registration, filed November 27, 1928, appellee alleged that it had used its alleged trade-mark "Opal-Tex" since June 4, 1928.

In its notice of...

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