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APPLICATION OF BOOKBINDER'S RESTAURANT

Patent Appeals No. 6222.

240 F.2d 365 (1957)

Matter of the Application of BOOKBINDER'S RESTAURANT, Inc.

United States Court of Customs and Patent Appeals.

January 9, 1957.

Attorney(s) appearing for the Case

Leonard L. Kalish, Philadelphia, Pa. (Albert H. Kirchner, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (J. Schimmel, Washington, D. C., of counsel), for the Commissioner of Patents.

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

O'CONNELL, Judge.

This is an appeal from the decision of the Commissioner of Patents, 103 U.S.P.Q. 274, affirming the action of the Examiner of Trademarks in refusing registration to the appellant of "Old Original Bookbinders" as a service mark on the Principal Register for services described as "restaurant, catering and banquet services." The record indicates that appellant operates a single restaurant in Philadelphia, Pennsylvania, and that the services relied on...

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