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APPLICATION OF HELENE CURTIS INDUSTRIES, INC.

Patent Appeal No. 7620.

363 F.2d 936 (1966)

Application of HELENE CURTIS INDUSTRIES, INC.

United States Court of Customs and Patent Appeals.

August 4, 1966.

Attorney(s) appearing for the Case

L. D. Konigsford, Chicago, Ill. (Max Wall, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.

KIRKPATRICK, Judge.

Helene Curtis, Inc., seeks registration of "Eleganté" for use on "permanent waving lotion and neutralizer therefor, suitable only for professional use in beauty parlors." The examiner rejected the application on prior registrations of "Elegance" and "Elegante," for use on "PERFUME, COLOGNE, BEAUTY DUST, AND CREME SACHET," issued to Avon Products, Inc.

While appellant concedes, and necessarily so, the similarity of the marks, it urges...

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