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APPLICATION OF SEILER CO.

Patent Appeal No. 6619.

289 F.2d 674 (1961)

Application of H. J. SEILER CO.

United States Court of Customs and Patent Appeals.

May 5, 1961.

Attorney(s) appearing for the Case

Dos T. Hatfield, Washington, D. C., Porter, Chittick & Russell, Boston, Mass. (Robert B. Russell, Westwood, Mass., of counsel), for appellant.

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

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

KIRKPATRICK, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board affirming the examiner's refusal of registration to the appellant, H. J. Seiler Co., of the mark "Seiler's," in script, as a service mark for catering food. The refusal was upon the basis of the registration of "Seiler's" also in script by Karl Seiler & Sons of Philadelphia for smoked and cured meats — namely, bacon, bologna, dried beef, boneless butts, ham,...

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