RITE-RITE MFG. CO. v. RITE-CRAFT CO.

Patent Appeals No. 5667.

181 F.2d 226 (1950)

RITE-RITE MFG. CO. v. RITE-CRAFT CO.

United States Court of Customs and Patent Appeals.

April 3, 1950.


Attorney(s) appearing for the Case

Armand A. Cyr, Washington, D. C. and Herbert J. Jacobi, New York City, for appellant.

No appearance for appellee.

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


JACKSON, Judge.

This is an appeal in a trade-mark opposition proceeding from a decision of the Commissioner of Patents, 76 USPQ 274, affirming that of the Examiner of Interferences, holding that appellee is entitled to register the mark "RITE-CRAFT" under the Trade-Mark Act of 1905, 33 Stat. 724, as amended, as applied to pens and wood cased and mechanical pencils.

Appellant in its notice of opposition alleged that the trade-mark sought to be registered constitutes...

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