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APPLICATION OF I. LEWIS CIGAR MFG. CO.

Patent Appeals No. 5943.

205 F.2d 204 (1953)

Application of I. LEWIS CIGAR MFG. CO.

United States Court of Customs and Patent Appeals.

June 24, 1953.

Attorney(s) appearing for the Case

Hauff & Warland and James M. Mason, New York City, for appellant.

E. L. Reynolds, Washington, D. C. (H. S. Miller, Washington, D. C., of counsel), for the Commissioner of Patents.

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

WORLEY, Judge.

This is an appeal from the decision of the Commissioner of Patents affirming the rejection by the examiner of the application for registration filed December 5, 1947, under the provisions of section 2(e) of the Lanham Act, Trade-Mark Act of 1946, of the notation "S. Seidenberg & Co's." Registration was denied on the ground that the mark sought to be registered was primarily merely a surname within the meaning of the involved section.

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