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TEX TAN OF YOAKUM v. J. HALPERN CO.

Patent Appeal No. 6041.

214 F.2d 166 (1954)

TEX TAN OF YOAKUM v. J. HALPERN CO.

United States Court of Customs and Patent Appeals.

June 30, 1954.

Attorney(s) appearing for the Case

Charles R. Allen and Charles R. Allen, Jr., Washington, D. C., for appellant.

Brown, Critchlow, Flick & Peckham and Paul N. Critchlow, Pittsburg, Pa., for appellee.

Bernard M. Halpern pro se.

Before O'CONNELL, JOHNSON, WORLEY, COLE and JACKSON (retired), Judges.

JOHNSON, Judge.

This is an appeal from the decision of the Examiner in Chief, representing the Commissioner of Patents, 95 U.S.P.Q. 370, affirming the decision of the Examiner of Interferences dismissing appellant's notice of opposition to appellee's application for registration of the notation, "The Texan," as a trade-mark for toy holster sets and holding that appellee was entitled to register the mark under Section 2 of the Trade-Mark Act of July 5, 1946, 60 Stat...

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