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UNITED-CARR FASTENER CORP. v. CAPEWELL MFG. CO.

Patent Appeals No. 5800.

189 F.2d 1000 (1951)

UNITED-CARR FASTENER CORP. v. CAPEWELL MFG. CO.

United States Court of Customs and Patent Appeals.

June 5, 1951.

Attorney(s) appearing for the Case

Charles F. Miller, Jr., Washington, D. C. (Edmund H. Parry, Jr. and Parry, Miller & Peverill, Washington, D. C., of counsel), for appellant.

Howard J. Churchill, New York City (Francis J. Sullivan and Fraser, Myers & Manley, all of New York City, of counsel), for appellee.

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

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 83 USPQ 471, reversing the decision of the Examiner of Trade-Mark Interferences which had sustained appellant's petition to cancel the registration of appellee's mark as applied to nails.

Appellee's mark is described by the examiner as "composed of a black disc surrounded by a circular line spaced from the disc a distance approximately...

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