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MINE SAFETY APPLIANCES CO. v. ELECTRIC STORAGE BATTERY CO.

Patent Appeal No. 8055.

405 F.2d 901 (1969)

MINE SAFETY APPLIANCES COMPANY, Appellant, v. The ELECTRIC STORAGE BATTERY CO., Appellee.

United States Court of Customs and Patent Appeals.

January 16, 1969.

Attorney(s) appearing for the Case

Nims, Halliday, Whitman, Howes & Collision, New York City (Oliver P. Howes, Jr., Thomas A. Kain, New York City, of counsel), for appellant.

William J. Ruano, Pittsburgh, Pa., for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 150 USPQ 562 (1966),1 sustaining an opposition by appelleee to the registration of an alleged trademark on the Principal Register on appellant's application serial No. 87,507, filed December 17, 1959.

The application describes the goods as "protective or safety helmets, hats, and caps * * *." They are the type of "hard hat" worn...

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