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ENGLANDER COMPANY v. AIRELOOM BEDDING COMPANY

Patent Appeal No. 7161.

329 F.2d 662 (1964)

The ENGLANDER COMPANY, Inc., Appellant, v. AIRELOOM BEDDING COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 9, 1964.

Attorney(s) appearing for the Case

Bartholomew Diggins, Washington, D. C., for appellant.

Richard P. Schulze, Washington, D. C., for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (135 USPQ 412) granting appellee's petition to cancel Registration No. 701,809 on the Principal Register, dated July 26, 1960, granted on application Ser. No. 76,377, filed June 24, 1959, on the mark "AIRLON" for "flexible foam cut to size for cushioning, mattresses, and upholstery." The first use of the mark claimed was April 9, 1959.

Petitioner-appellee, Aireloom...

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