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DENNEY v. ELIZABETH ARDEN SALES CORPORATION

Patent Appeal No. 6410.

263 F.2d 347 (1959)

Frances DENNEY, Appellant, v. ELIZABETH ARDEN SALES CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

February 5, 1959.

Attorney(s) appearing for the Case

Mock & Blum, New York City (Asher Blum, New York City, and Charles R. Allen, Jr., Washington, D. C., of counsel), for appellant.

Howard A. Rosenberg, New York City (William R. Liberman, New York City, of counsel), for appellee.

Before WORLEY, Acting Chief Judge, and RICH and MARTIN, Judges.

MARTIN, Judge.

This appeal is from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, affirming the decision of the Examiner of Interferences dismissing an opposition to trademark application, serial No. 650,344, for registration of "Invisible Veil" for pressed face powder, use since June 1, 1953 being asserted. Opposer-appellant relied on use since March of 1951 of its unregistered mark "Invisible Beauty Strap," for a vanishing...

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