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GOODYEAR TIRE & RUBBER CO. v. COMMISSIONER OF PATENTS

No. 19276.

355 F.2d 109 (1965)

The GOODYEAR TIRE & RUBBER COMPANY, Appellant, v. The COMMISSIONER OF PATENTS, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 29, 1965.

Petition for Rehearing Denied February 8, 1966.

Attorney(s) appearing for the Case

Mr. Francis C. Browne, Washington, D. C., for appellant. Mr. Richard G. Kline, Washington, D. C., also entered an appearance for appellant.

Mr. George C. Roeming, Atty., U. S. Patent Office, for appellee. Mr. Clarence W. Moore, Sol., United States Patent Office, was on the brief for appellee.

Before PRETTYMAN, Senior Circuit Judge, and BURGER and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc Denied February 8, 1966.

PER CURIAM.

Weather-Rite Sportswear Company made application for the mark "GOODYEAR DELUXE BY WEATHERITE." In accordance with § 12 of the Trademark Act, 15 U.S. C. § 1062, the mark was duly referred to an examiner, and it appearing on examination that the application was entitled to registration, the mark was published for opposition on May 12, 1964.

Appellant failed to file its opposition...

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