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GENERAL CABLE CORP. v. REPUBLIC WIRE AND CABLE CORP.

Patent Appeal No. 7099.

327 F.2d 1019 (1964)

GENERAL CABLE CORPORATION, Appellant, v. REPUBLIC WIRE AND CABLE CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

February 20, 1964.

Attorney(s) appearing for the Case

Emery, Whittemore, Sandoe & Graham, New York City, (George J. Schottler, New York City, of counsel), for appellant.

Robert H. Fraser, Fraser & Bogucki, Los Angeles, Cal., and I. J. Crickenberger, Thomas, Crickenberger & Moore, Arlington, Va., for appellee.

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

ALMOND, Judge.

General Cable Corporation appeals from the decision of the Trademark Trial and Appeal Board dismissing appellant's opposition1 to registration by appellee, Republic Wire and Cable Corporation, of "SUPER-FLEX" as a trademark for "Electrical Control Cable, Namely Traveling and Lighting Cable for Elevators."

The opposed application2 claims first use on May 1, 1957. Appellant has pleaded...

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