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FERRO CORPORATION v. RONCO LABORATORIES, INC.

Patent Appeal No. 7498.

356 F.2d 122 (1966)

FERRO CORPORATION, Appellant, v. RONCO LABORATORIES, INC., Appellee.

United States Court of Customs and Patent Appeals.

February 17, 1966.

Attorney(s) appearing for the Case

Milton L. Simmons, Cleveland, Ohio (Carroll Palmer, Washington, D. C., of counsel), for appellant.

Henry E. Rea, Jr., Jan C. Swensen, Pittsburgh, Pa., for appellee.

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

SMITH, Judge.

Appellant-opposer opposed the registration by appellee of the mark "Ferro-Gard" and design1 for "rust preventative oils." The Trademark Trial and Appeal Board dismissed the opposition, 141 USPQ 846. The mark for which registration is sought, reproduced in the opinion of the board, is as follows:

Appellant's notice of opposition was based on the contention that the above mark, when applied to the goods of...

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