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CRIDLEBAUGH v. MONTGOMERY WARD & CO.

Patent Appeal No. 5220.

158 F.2d 646 (1946)

CRIDLEBAUGH v. MONTGOMERY WARD & CO., Inc.

Court of Customs and Patent Appeals.

December 9, 1946.

Attorney(s) appearing for the Case

Charles R. Allen, of Washington, D. C., for appellant.

F. P. Keiper, of Chicago, Ill., for appellee.

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

BLAND, Associate Judge.

J. Clayton Cridlebaugh, doing business as Marvel Co., has here appealed from a decision of the Commissioner of Patents, 64 USPQ 513, affirming the action of the Examiner of Trade-Mark Interference in sustaining the petition of Montgomery Ward & Co., Inc., for the cancellation of appellant's mark. The appellant will be hereinafter referred to as Cridlebaugh and the appellee as Ward.

The trade-mark in controversy, "HEN SPECS," (printed...

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