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GUIDING EYES FOR BLIND, INC. v. GUIDE DOG FOUNDATION FOR BLIND, INC.

Patent Appeal No. 7816.

384 F.2d 1016 (1967)

GUIDING EYES FOR the BLIND, INC. Appellant, v. GUIDE DOG FOUNDATION FOR the BLIND, INC., Appellee.

United States Court of Customs and Patent Appeals.

November 2, 1967.

Attorney(s) appearing for the Case

Raphael Semmes, Washington, D. C. (G. Mallet Prevost, Washington, D. C., of counsel), for appellant.

Joseph Y. Houghton, Hall & Houghton, Washington, D. C., for appellee.

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

SMITH, Judge.

The single issue here is whether appellant has established its right to registration of the service mark "GUIDING EYES" as against appellee's right to register the same mark. The issue was determined and decided against appellant by the Trademark Trial and Appeal Board in an interference proceeding, pursuant to 15 U.S.C. § 10671 and Rule 2.96 of the Trademark Rules of Practice.2

Appellant...

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