APPLICATION OF MOGEN DAVID WINE CORPORATION

Patent Appeal No. 7705.

372 F.2d 539 (1967)

Application of MOGEN DAVID WINE CORPORATION.

United States Court of Customs and Patent Appeals.

February 16, 1967.


Attorney(s) appearing for the Case

Sidney Wallenstein, Chicago, Ill. (Ben Cohen, Washington, D. C., Charles B. Spangenberg, Chicago, Ill., of counsel), for appellant.

Joseph Schimmel, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

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


ALMOND, Judge.

Mogen David Wine Corporation appeals from the decision of the Trademark Trial and Appeal Board refusing to grant registration on the Principal Register of the configuration of a decanter bottle as a trademark for wines.

The application1 drawing depicts the bottle as follows:

Appellant contends that the evidence adduced proves that the mark sought to be...

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