JENKINS BROS. v. NEWMAN HENDER & COMPANY LIMITED

Patent Appeal No. 6653.

289 F.2d 675 (1961)

JENKINS BROS., Appellant, v. NEWMAN HENDER & COMPANY LIMITED, Appellee.

United States Court of Customs and Patent Appeals.

May 5, 1961.


Attorney(s) appearing for the Case

John B. Cuningham, Pern E. Henninger, Gerald W. Griffin, Cooper, Dunham, Dearborn & Henninger, New York City (Warren W. Eginton, Cummings & Lockwood, Stamford, Conn., of counsel), for appellant.

Leon Simon, Washington, D. C. (A. A. Saffitz and Russell L. Law, Washington, D. C., of counsel), for appellee.

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


SMITH, Judge.

The issue in this trademark opposition brought by appellant as opposer is whether appellee-applicant's mark as used on its goods so resembles opposer's registered marks that confusion, mistake or deception of purchasers is likely. 15 U.S.C. § 1052, 15 U.S.C.A. § 1052. The Trademark Trial and Appeal Board, in both its original decision and in its decision rendered after consideration of opposer's petition for rehearing, held that it did not...

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