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APPLICATION OF WESTGATE SEA PRODUCTS CO.

Patent Appeal No. 5140.

154 F.2d 1010 (1946)

Application of WESTGATE SEA PRODUCTS CO.

Court of Customs and Patent Appeals.

April 1, 1946.

Attorney(s) appearing for the Case

Jackson, Webster & Read, of Washington, D. C., William G. Mackay, of San Francisco, Cal., and Chas. R. Allen, of Washington, D. C., for appellant.

W. W. Cochran, of Washington, D. C. (R. F. Whitehead, of Washington, D. C., of counsel), for the Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

JACKSON, Associate Judge.

The Commissioner of Patents affirmed, 63 USPQ 152, a decision of the Examiner of Trade-Marks rejecting the application of appellant for registration of the trade-mark "Westgate," applied to canned fish, Serial No. 459,971, filed April 17, 1943, in accordance with the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq. From that decision this appeal was taken.

The examiner in his statement refused registration on the...

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