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SMITH v. TOBACCO BY-PRODUCTS AND CHEMICAL CORP.

Patent Appeal No. 6264.

243 F.2d 188 (1957)

Benjamin D. SMITH (Black Panther Company, Inc., Assignee, Substituted), Appellant, v. TOBACCO BY-PRODUCTS AND CHEMICAL CORPORATION (Diamond Black Leaf Company, Assignee, Substituted), Appellee.

United States Court of Customs and Patent Appeals.

April 4, 1957.

Attorney(s) appearing for the Case

John Howard Joynt, Washington, D. C., for appellant.

Walter H. Free, New York City (Thornton F. Holder, Painesville, Ohio, and Richard G. Fuller, New York City, of counsel), for appellee.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, RICH and JACKSON (retired), Judges.

WORLEY, Judge.

This is an appeal from the decision of the Assistant Commissioner of Patents, hereafter referred to as the commissioner, reversing the decision of the Examiner of Interferences and sustaining an opposition to the application of Benjamin D. Smith, for registration of a mark comprising a representation of a green leaf, with the words "Green Leaf" superimposed thereon, as a trademark for a spray for fruits and vegetables. The mark was also denied registration...

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