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APPLICATION OF ESSO STANDARD OIL COMPANY

Patent Appeal No. 6771.

305 F.2d 495 (1962)

Application of ESSO STANDARD OIL COMPANY.

United States Court of Customs and Patent Appeals.

August 2, 1962.

Attorney(s) appearing for the Case

Francis C. Browne, Mead, Browne, Schuyler & Beveridge, Washington, D. C. (William E. Schuyler, Jr., and Andrew B. Beveridge, Washington, D. C., of counsel), for appellant.

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

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

RICH, Judge.

Esso Standard Oil Company appeals from the affirmance by the Trademark Trial and Appeal Board of the denial of registration on the Principal Register of the design features of the label used on its "Esso" motor cleaner (124 USPQ 77), application Ser. No. 19,010, filed November 9, 1956, alleging first use in "commerce" in January 1950.

The Mark

The following is a reproduction of the application drawing, which is lined for color according...

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