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  5. 181 F.2d 192 (1950)
 

APPLICATION OF SERVEL INC.

Patent Appeals No. 5658.

181 F.2d 192 (1950)

Application of SERVEL Inc.

United States Court of Customs and Patent Appeals.

April 3, 1950.

Attorney(s) appearing for the Case

J. L. Kelly, Washington, D. C. (A. Yates Dowell, Washington, D. C., of counsel), for appellant.

E. L. Reynolds, Washington, D. C. (Walter J. Derenberg, Washington, D. C., of counsel), for Commissioner of Patents.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Judges.

O'CONNELL, Judge.

This is an appeal from the decision of the Commissioner of Patents in which the decision of the Examiner of Trade-Marks refusing appellant's application to register the mark "Servel" was affirmed on the ground that the mark sought to be registered in Class 38 is a mutilation of the mark "Servel Inklings" actually used by appellant on a periodical "Published every other Friday by and for the employees of Servel, Inc., Evansville, Ind."

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