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APPLICATION OF GASTOWN, INC.

Patent Appeal No. 7024.

326 F.2d 780 (1964)

Application of GASTOWN, INC.

United States Court of Customs and Patent Appeals.

January 23, 1964.

Attorney(s) appearing for the Case

Pearne & Gordon, Albert L. Ely, Jr., Cleveland, Ohio, for appellant.

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

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

MARTIN, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 133 USPQ 630, sustaining the refusal of the examiner to register "GASTOWN" as a service mark for "automobile and truck supply maintenance services."

Appellant asserts that the mark is used by applying it to stationary pumps, globes, signs, and like displays associated with its services. Use since January 13, 1949, is alleged.

The examiner's refusal of registration...

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