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BURMEL HANDKERCHIEF CORP. v. CLUETT, PEABODY & CO.

Patent Appeal No. 4580.

127 F.2d 318 (1942)

BURMEL HANDKERCHIEF CORPORATION v. CLUETT, PEABODY & CO., Inc.

Court of Customs and Patent Appeals.

April 27, 1942.

Attorney(s) appearing for the Case

Raymond J. Mawhinney, of Washington, D. C., for appellant.

Roberts, Cushman & Woodberry, of Boston, Mass. (Charles D. Woodberry, Robert L. Thompson, and John D. Woodberry, all of Boston, Mass., of counsel), for appellee.

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

JACKSON, Associate Judge.

On September 1, 1938 appellant filed in the United States Patent Office its application to register its trade-mark "Handkerchiefs of the Year" as applied to handkerchiefs, the word "Handkerchiefs" being disclaimed. The application alleges continuous use of the mark since March 16, 1937.

Notice of Opposition to the registration was filed by appellee December 7, 1938, setting out the grounds for opposition as follows:

"1. The...

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