ALUMATONE CORPORATION v. VITA-VAR CORPORATION

Patent Appeal No. 5683.

183 F.2d 612 (1950)

ALUMATONE CORPORATION v. VITA-VAR CORPORATION.

United States Court of Customs and Patent Appeals.

June 30, 1950.


Attorney(s) appearing for the Case

Hugh N. Orr, San Francisco, Cal., for appellant.

S. Michael Ress, New York City, for appellee.

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


JACKSON, Judge.

On February 16, 1944, appellant filed its application, serial No. 474,264, to register its trade-mark "Alumatone," as applied to "Ready Mixed Aluminum Paint, Primers and Oil Paints," pursuant to the Trade-Mark Act of February 20, 1905, 33 Stat. 724, as amended. It was stated in the application that the trade-mark had been continuously used and applied to appellant's goods in its business since August 1, 1939.

The application was examined and...

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