L. & C. HARDTMUTH, INC. v. FABRIQUE SUISSE DE CRAYONS, ETC.

Patent Appeal No. 6670.

287 F.2d 599 (1961)

L. & C. HARDTMUTH, INC., Appellant, v. FABRIQUE SUISSE DE CRAYONS CARAN D'ACHE S.A., Appellee.

United States Court of Customs and Patent Appeals.

March 3, 1961.


Attorney(s) appearing for the Case

Alexander, Maltitz, Derenberg & Sullivan, New York City (Francis J. Sullivan, New York City, of counsel), for appellant.

Emory L. Groff, Washington, D. C. (Emory L. Groff, Jr., Washington, D. C., of counsel), for appellee.

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


RICH, Judge.

Application was made by appellee to register "Technograph" on the Principal Register as a trademark for "Pencils, leads and lead-holders," based on Swiss registration No. 150752 of 14 April 1954.

Appellant opposed the registration on the basis of ownership of Reg. No. 375,022 of Feb. 6, 1940, "Technicrayon" for "pencils of all kinds" and Reg. No. 558,728, May 13, 1952, "Techniflex" for "colored pencils," and also asserted that Reg. No. 613,177...

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