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FORT HOWARD PAPER CO. v. GULF STATES PAPER CORP.

Patent Appeal No. 7797.

376 F.2d 904 (1967)

FORT HOWARD PAPER COMPANY, Appellant, v. GULF STATES PAPER CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

May 18, 1967.

Attorney(s) appearing for the Case

Arthur L. Morsell, Curtis B. Morsell, Milwaukee, Wis., Arthur L. Morsell, for appellant.

Raphael Semmes, Washington, D. C. (M. Mallet Prevost, Washington, D. C., of counsel), for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 146 USPQ 593, dismissing appellant's opposition to appellee's application to register the trademark "E-Z NAPS," serial No. 149,844, filed July 26, 1962, for facial tissue, toilet tissue, paper napkins, and paper towels.

The sole issue is likelihood of confusion, mistake, or deception within the meaning of section 2(d) of the Lanham Act, 15 U.S.C. § 1052...

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