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SWINGLINE, INC. v. I. B. KLEINERT RUBBER COMPANY

Patent Appeal No. 7865.

399 F.2d 283 (1968)

SWINGLINE, INC., Appellant, v. I. B. KLEINERT RUBBER COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

July 18, 1968.

Attorney(s) appearing for the Case

I. Walton Bader, New York City, Albert M. Zalkind, Washington, D. C., for appellant.

Francis D. Thomas, Jr., Washington, D. C., Harvey W. Mortimer, New York City, for appellee.

Before WORLEY, Chief Judge, Justice CLARK, and RICH, SMITH and KIRKPATRICK, Judges.

SMITH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board,1 dismissing appellant's opposition to appellee's application to register the trademark "SWINGLINE" for dress shields composed of rubber and cotton and designed for dresses having cap sleeves with a V-shaped underarm.2 Appellant's opposition was based upon its prior use and registration of the same mark on office cabinets...

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