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APPLICATION OF BURNDY CORPORATION

Patent Appeal No. 6736.

300 F.2d 938 (1962)

Application of BURNDY CORPORATION.

United States Court of Customs and Patent Appeals.

April 11, 1962.

Attorney(s) appearing for the Case

Ernest Fanwick, Norwalk, Conn. (Robert I. Dennison, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C., for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge JOSEPH R. JACKSON, Retired.

RICH, Judge.

This appeal is from the affirmance by the Patent Office Trademark Trial and Appeal Board of the ex parte rejection of appellant's application to register a trademark on the Principal Register, Ser. No. 60,798, filed October 17, 1958. The ground of rejection is that registration is prohibited by section 2(d) of the Trademark Act of 1946, 15 U.S.C.A. § 1052(d), since appellant's mark so resembles the mark of prior registration No. 534,100, issued November...

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