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MERCOID CORP. v. AIRBORNE INSTRUMENTS LABORATORY, INC.

Patent Appeal No. 6621.

287 F.2d 189 (1961)

MERCOID CORPORATION, Appellant, v. AIRBORNE INSTRUMENTS LABORATORY, INC. (Cutler-Hammer, Inc., Assignee, Substituted), Appellee.

United States Court of Customs and Patent Appeals.

February 21, 1961.

Attorney(s) appearing for the Case

Byron, Hume, Groen & Clement, Gerritt P. Groen, Chicago, Ill., for appellant.

Pennie, Edmonds, Morton, Barrows & Taylor, Clarence M. Fisher, Washington, D. C. (Harold A. Traver, New York City, of counsel), for appellee.

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

SMITH, Judge.

Appellee-applicant applied to register, on the Principal Register, the mark MICROtrol for "electrical gauging and control apparatus for machine tools."1 The application alleges first use of the mark in October 1955.

Appellant-opposer opposed the registration on the grounds of likelihood of purchaser confusion or deception as to the source or origin of the goods, citing its three registered marks...

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