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EASTERN INDUSTRIES, INCORPORATED v. WATEROUS COMPANY

Patent Appeal No. 6698.

289 F.2d 952 (1961)

EASTERN INDUSTRIES, INCORPORATED, Appellant, v. WATEROUS COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

June 9, 1961.

Attorney(s) appearing for the Case

G. Cabell Busick, Mason, Fenwick & Lawrence, Washington, D. C., and Kane, Dalsimer & Kane, New York City (Phillip T. Dalsimer, New York City, of counsel), for appellant.

Joseph Y. Houghton, Washington, D. C., for appellee.

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

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 124 USPQ 520, which dismissed an opposition to the registration of Electro-Matic on the Principal Register as a trademark for fire pumps and fire pump accessories, application Ser. No. 691,341, filed July 14, 1955, claiming first use April 15, 1955.

Opposer is the owner and prior user by over 25 years of the identical trademark for automatic electric traffic control systems...

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