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SHUNK MANUFACTURING CO. v. TARRANT MANUFACTURING CO.

Patent Appeal No. 6896.

318 F.2d 328 (1963)

SHUNK MANUFACTURING COMPANY, Appellant, v. TARRANT MANUFACTURING COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

June 10, 1963.

Attorney(s) appearing for the Case

Frank M. Slough and J. H. Slough, Cleveland, Ohio, for appellant.

Luther W. Hawley, New York City, for appellee.

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

ALMOND, Judge,

Appellant, Shunk Manufacturing Company, filed a trademark application1 to register a figure, designated as a Scotsman, as a trademark for heavy duty equipment, such as graders and other ground working machines, blades therefor, sand spreaders, etc. The trademark sought to be registered is as follows:

Use beginning in or about September 1957 is asserted.

Appellee, Tarrant Manufacturing Company, registrant...

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