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M. K. M. KNITTING MILLS, INC. v. DAMON CREATIONS, INC.

Patent Appeal No. 7638.

357 F.2d 997 (1966)

M. K. M. KNITTING MILLS, INC., Appellant, v. DAMON CREATIONS, INC., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 9, 1966.

Attorney(s) appearing for the Case

Oliver C. Morse, Boston, Mass., for appellant.

Russell L. Law, Washington, D. C., for appellee.

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

RICH, Acting Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board (abstract 144 USPQ 777) granting appellee's petition to cancel trademark registration No. 747,904, issued April 9, 1963, on the Principal Register, of the following mark for shirts, swimsuits and sweaters for men:

Petitioner-appellee relied on three Principal Register registrations: No. 684,827 of Sept. 8, 1959, for a composite mark with design including...

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