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APPLICATION OF MOGEN DAVID WINE CORPORATION

Patent Appeal No. 7085.

328 F.2d 925 (1964)

Application of MOGEN DAVID WINE CORPORATION.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 2, 1964.

Attorney(s) appearing for the Case

Sidney Wallenstein, Chicago, Ill. (Ben Cohen, Washington, D. C., Charles B. Spangenberg, Chicago, Ill., 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, SMITH, and ALMOND, Judges.

ALMOND, Judge.

Mogen David Wine Corporation appeals from the decision of the Trademark Trial and Appeal Board, 134 USPQ 576, refusing registration of the configuration of a decanter bottle, as a trademark for wines, on the Principal Register established by the Trademark Act of 1946.

The application,1 alleging use since November 1956, seeks registration of the following:

Appellant is the owner by assignment of...

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