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REPUBLIC STEEL CORP. v. M.P.H. MANUFACTURING CORP.

Patent Appeal No. 6869.

312 F.2d 940 (1963)

REPUBLIC STEEL CORPORATION, Appellant, v. M.P.H. MANUFACTURING CORPORATION, Inc., Appellee.

United States Court of Customs and Patent Appeals.

February 13, 1963.

Attorney(s) appearing for the Case

Emory L. Groff, Emory L. Groff, Jr., Washington, D. C., for appellant.

Marzall, Johnston, Cook & Root, Lloyd C. Root, Chicago, Ill., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Associate Judges.

ALMOND, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (130 USPQ 360), dismissing appellant's opposition to an application for registration of the trademark "TRUSS-SKIN," for sheet metal structural members for prefabricated buildings. Appellant took no testimony, relying only upon its registration No. 557,946 granted April 22, 1952, to its predecessor Truscon Steel Company for the trademark "TRUSCON." Appellee took testimony. In...

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