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APPLICATION OF SHAKESPEARE COMPANY

Patent Appeal No. 6629.

289 F.2d 506 (1961)

Application of SHAKESPEARE COMPANY.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 2, 1961.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, Robert U. Geib, Jr., Washington, D. C. (Ralph L. Chappell, New York City, of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

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

RICH, Judge.

This case has to do with marks on fishing rods which appellant claims to be and desires to register as a trademark. The appeal is from the refusal of the Patent Office to do so.

The application, Ser. No. 16,977, filed October 4, 1956, says:

"The mark consists of a continuous spiral marking formed in relief on the surface of and extending for substantially the full length of the rod. * * * * * * "The mark is used by...

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