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LUCKY HEART LABORATORIES v. NEUMANN

Patent Appeal No. 5116.

154 F.2d 519 (1946)

LUCKY HEART LABORATORIES, Inc., v. NEUMANN.

Court of Customs and Patent Appeals.

March 6, 1946.

Attorney(s) appearing for the Case

A. Yates Dowell, of Washington, D. C. (Edward Taylor Newton, of Washington, D. C., of counsel), for appellant.

A. W. Murray, of Chicago, Ill., for appellee.

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

O'CONNELL, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents, rendered by the First Assistant, 62 U.S.P.Q. 317, affirming the action of the Examiner of Trade-Mark Interferences in sustaining the opposition of appellee to the application of appellant, Serial No. 434,989, filed August 14, 1940, for registration of a composite mark, which consists of a heart-shape design, color lined for red, across which is written in large script the...

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