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POPULAR MERCHANDISE COMPANY v. "21" CLUB, INC.

Patent Appeal No. 7355.

343 F.2d 1011 (1965)

POPULAR MERCHANDISE COMPANY, Inc., Appellant, v. "21" CLUB, INC., Appellee.

United States Court of Customs and Patent Appeals.

April 15, 1965.

Attorney(s) appearing for the Case

Nicholas John Stathis, New York City (Leslie D. Taggart, New York City, of counsel), for appellant.

Emory L. Groff, Emory L. Groff, Jr., Washington, D. C., for appellee.

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

ALMOND, Judge.

Appellant, Popular Merchandise Company, Inc., filed application1 to register the mark "`21' CLUB" as a service mark on the Principal Register, asserting use of the mark since September 1, 1957. The services for which registration is sought are described as "operating a retail purchase plan by which the goods of others are sold to members of purchasing clubs."

Appellee,...

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