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IN RE KELLER, HEUMANN & THOMPSON CO.

Patent Appeal No. 3570.

81 F.2d 399 (1936)

In re KELLER, HEUMANN & THOMPSON CO., Inc.

Court of Customs and Patent Appeals.

January 27, 1936.

Attorney(s) appearing for the Case

Harold E. Stonebraker, of Rochester, N. Y., for appellant.

R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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, affirming a decision of the Examiner, denying appellant's application for registration of the mark "Timely" as a trade-mark for men's suits, topcoats, and overcoats, made from cloth or woolen fabrics.

The basis of the rejection of appellant's application, by both of the Patent Office tribunals, is registration No. 291,742, issued February 23, 1932 to F. M. Hoyt Shoe...

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