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S C M CORPORATION v. ROYAL McBEE CORPORATION

Patent Appeal No. 7976.

395 F.2d 1018 (1968)

S C M CORPORATION, Appellant, v. ROYAL McBEE CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

June 6, 1968.

Attorney(s) appearing for the Case

Strauch, Nolan, Neale, Nies & Kurz, John D. Nies, Washington, D. C., for appellant.

Liddy, Sullivan, Hart, Daniels & Baxley, Francis J. Sullivan, New York City (Joe E. Daniels, New York City, of counsel), for appellee.

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

WORLEY, Chief Judge.

Royal McBee seeks registration of "ELECTRESS" for use on "Typewriting Machines and Parts Thereof." SCM opposes on prior use and registration of its trademark "ELECTRA" for "Electric Typewriters."

After reviewing at some length the testimony and other evidence submitted by the parties, the Trademark Trial and Appeal Board1 summarized its finding that:

The record supports opposer's claim of prior rights...

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