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IN RE WEST DISINFECTING CO.

Patent Appeals No. 5183.

156 F.2d 103 (1946)

In re WEST DISINFECTING CO.

Court of Customs and Patent Appeals.

June 11, 1946.

Attorney(s) appearing for the Case

Clarence A. O'Brien, of Washington, D. C., and Harvey B. Jacobson, of Chicago, Ill. (C. Ludwell Hyde and Edward Burch, both of Washington, D. C., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (Pasquale J. Federico, of Washington, D. C. of counsel), for Commissioner of Patents.

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

JACKSON, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, 64 U.S.P.Q. 489, affirming that of the Examiner of Trade-Marks denying registration of "Rugfoam" as a trade-mark applied to a cleaning preparation for rugs, carpets, upholstery and the like. Appellant alleged use of its mark on said goods since June 1941.

The examiner refused registration of the mark on the ground that it was confusingly similar to the trade-mark "Fabrikfoam...

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