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FLEETWOOD COMPANY v. MENDE

Patent Appeal No. 6744.

298 F.2d 797 (1962)

The FLEETWOOD COMPANY, Appellant, v. Sylvia MENDE, Assignee of Tint 'N Set, Inc., Appellee.

United States Court of Customs and Patent Appeals.

February 13, 1962.

Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., for appellant.

Mason, Kolehmainen, Rathburn & Wyss, Walther E. Wyss, and Warren D. McPhee, Chicago, Ill., for appellee.

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

MARTIN, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing a petition by appellant for cancellation from the Supplemental Register of "TINT 'N SET" for hair treating compound.1

Appellant bases its petition on its prior use,2 for hair coloring shampoo, of "TINTZ," registered to it for shampoo3

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