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SUNDURE PAINT CORPORATION v. MAAS & WALDSTEIN CO.

Patent Appeal No. 6453.

267 F.2d 943 (1959)

SUNDURE PAINT CORPORATION, Appellant, v. MAAS & WALDSTEIN CO., Appellee.

United States Court of Customs and Patent Appeals.

June 30, 1959.

Attorney(s) appearing for the Case

Herbert J. Jacobi, New York City, for appellant.

Harry C. Bierman and Jordan B. Bierman, New York City, for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN and SMITH, Judges, and Judge WARREN E. BURGER.

MARTIN, Judge.

This is an appeal from the decision of the Commissioner of Patents, acting through the Assistant Commissioner, reversing the decision of the Examiner of Interferences, and sustaining the opposition brought by appellee, Maas & Waldstein Co., to the application for registration of "Plextrum"1 for an "acrylic masonry coating." Opposer's earlier use and ownership of the trademark "Plextone"2...

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