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VITA-VAR CORPORATION v. GALVICON CORPORATION

Patent Appeal No. 6591.

284 F.2d 953 (1960)

VITA-VAR CORPORATION, Appellant, v. GALVICON CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

December 22, 1960.

Attorney(s) appearing for the Case

S. Michael Ress, New York City, for appellant.

Watson, Cole, Grindle & Watson, Washington, D. C. (Felix M. deRosa, Washington, D. C., of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.

SMITH, Judge.

Appellant's petition to cancel registration No. 624,348 issued to appellee on its mark "Galvicon" on April 3, 1956, for "Galvanizing and Rust-Resistant Paints and Solvents for Metals," was dismissed by the Trademark Trial and Appeal Board (120 USPQ 505). This appeal from the dismissal of the petition raises the issue as to whether under the provisions of Section 2 of the Lanham Act (15 U.S.C.A. § 1052), the mark "Galvicon" so resembles appellant...

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