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DE WALT, INC. v. MAGNA POWER TOOL CORPORATION

Patent Appeal No. 6638.

289 F.2d 656 (1961)

DE WALT, INC. (Pennsylvania Corp.), DeWalt, Inc. (Delaware Corp.), (Assignee by mesne assignments, substituted), Applicant-Appellant, v. MAGNA POWER TOOL CORPORATION (Yuba Consolidated Industries, Inc., substituted), Opposer-Appellee.

United States Court of Customs and Patent Appeals.

April 14, 1961.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, James F. Hoge, New York City (Mercer L. Stockell, New York City, of counsel), for appellant.

Flehr & Swain, Paul D. Flehr, San Francisco, Cal. (John F. Swain, San Francisco, Cal., of counsel), for appellee.

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

RICH, Judge.

DeWalt, Inc. applied for registration on the Principal Register of the words "Power Shop" as a trademark for woodworking saws, application Ser. No. 14,135 filed August 17, 1956. The original applicant was a Pennsylvania corporation, now replaced through mesne assignments by a Delaware corporation of the same name. Use since February 10, 1953, was claimed, which date applicant sought to amend to "at least as early as October 10, 1949."

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