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APPLICATION OF HILLERICH & BRADSBY CO.

Patent Appeal No. 5968.

204 F.2d 287 (1953)

Application of HILLERICH & BRADSBY CO.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 29, 1953.

Attorney(s) appearing for the Case

Arthur F. Robert, Louisville, Ky. (J. H. Kilcoyne, Washington, D. C., of counsel), for appellant.

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

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

COLE, Judge.

Placing reliance upon the provisions of section 2(f) of the Trade Mark Act of 1946, 15 U.S.C.A. § 1052,1 the appellant sought trade mark registration (on the Principal Register) of a geometrical configuration, an oval line, for use on baseball, softball, and miniature bats.

In proceedings before the Patent Office, the applicant established that it is the largest manufacturer-distributor of bats in the United States...

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