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KELLOGG SWITCHBOARD & SUPPLY CO. v. TALK-A-PHONE CO.

Patent Appeal No. 6076.

219 F.2d 446 (1955)

KELLOGG SWITCHBOARD & SUPPLY CO. (International Telephone and Telegraph Corp., Assignee, Substituted). v. TALK-A-PHONE CO.

United States Court of Customs and Patent Appeals.

February 8, 1955.

Attorney(s) appearing for the Case

John I. Bellamy and Howard H. Darbo, Chicago, Ill. (Jones, Tesch & Darbo, Chicago, Ill., Edward D. Phinney, New York City, and Ralph B. Stewart, Washington, D. C., of counsel), for appellant.

Jules L. Brady and John Rex Allen, Chicago, Ill., for appellee.

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

COLE, Judge.

Registration of the trade-mark "Talk-A-Phone" on the Principal Register of the United States Patent Office under section 2(f) of the Trade-Mark Act of 1946,1 such mark being applied to interoffice and interplant communication systems, has been opposed by the prior user and registrant of "Select-O-Phone," a trade-mark applied to similar communication apparatus. The opposition is predicated on that clause of section 2(d) of...

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