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GENERAL CIGAR CO. v. ALLIED CIGAR CORP.

Patent Appeal No. 6674.

289 F.2d 958 (1961)

GENERAL CIGAR CO., Inc., Appellant, v. ALLIED CIGAR CORP., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 13, 1961.

Attorney(s) appearing for the Case

William D. Denson and Hobart N. Durham, New York City (Morgan, Finnegan, Durham & Pine, New York City, of counsel), for appellant.

Emanuel R. Posnack, New York City, for appellee.

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

MARTIN, Judge.

This is an appeal from the decision of the Patent Office Trademark Trial and Appeal Board, 123 USPQ 454, dismissing appellant's opposition to an application by appellee for registration of "WILLIAM TELL" as a trademark for cigars. The opposition is based on opposer's prior registration and use of "Wm. Penn," in association with a portrait of William Penn, as a trademark for cigars.

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