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CLAYTON MARK & CO. v. WESTINGHOUSE ELECTRIC CORP.

Patent Appeal No. 7523.

356 F.2d 943 (1966)

CLAYTON MARK & COMPANY, Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

March 10, 1966.

Attorney(s) appearing for the Case

Jerome Gilson, Chicago, Ill., for appellant.

Arthur S. Stewart, Pittsburgh, Pa., Ralph H. Swingle, Pittsburgh, Pa., for appellee.

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

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board (142 USPQ 48) dismissing appellant's opposition to registration of "MARK 75" by Westinghouse Electric Corporation for "circuit breakers," application serial No. 109,928, filed December 8, 1960, claiming first use January 10, 1959.

Appellant Clayton Mark & Company's opposition is based primarily on long prior use and registration of "MARK" as a trademark for electrical...

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