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ELGIN AMERICAN MFG. CO. v. ELIZABETH ARDEN, INC.

Patent Appeal No. 3637.

83 F.2d 687 (1936)

ELGIN AMERICAN MFG. CO. v. ELIZABETH ARDEN, Inc.

Court of Customs and Patent Appeals.

June 1, 1936.

Attorney(s) appearing for the Case

Ephraim Banning, of Chicago, Ill., and Charles R. Allen, of Washington, D. C., for appellant.

Hugo Mock and Asher Blum, both of New York City, and James Atkins, of Washington, D. C., for appellee.

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

HATFIELD, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Trade-Mark Interferences dismissing appellant's notice of opposition and holding that appellee was entitled to the registration of its trademark for use on soap.

Appellee's mark is in the form of a monogram, and, although it supposedly consists of the letters "EA," it will be observed that the letter "A" is so formed that...

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