APPLICATION OF DAVID CRYSTAL, INC.

Patent Appeal No. 6699.

296 F.2d 771 (1961)

Application of DAVID CRYSTAL, INC. (Izod Ltd., Assignee, Substituted)

United States Court of Customs and Patent Appeals.

December 18, 1961.


Attorney(s) appearing for the Case

Arthur H. Seidel, Philadelphia, Pa., for appellant.

Clarence W. Moore, Washington, D. C., for Commissioner of Patents.

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


MARTIN, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, 125 USPQ 423, affirming the examiner's refusal to allow registration of a mark on the Principal Register.

The mark sought to be registered is depicted below and consists of the two parallel colored bands, the upper band red and the lower blue as shown by the vertical and horizontal lines in the drawing, when used as shown in connection with "Men's Ribbed Socks."

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