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APPLICATION OF COLGATE-PALMOLIVE COMPANY

Patent Appeal No. 8095.

406 F.2d 1385 (1969)

Application of COLGATE-PALMOLIVE COMPANY.

United States Court of Customs and Patent Appeals.

March 6, 1969.

Attorney(s) appearing for the Case

Nims, Halliday, Whitman, Howes & Collison, New York City, for appellant; Bert A. Collison, Thomas A. Kain, New York City, Joseph F. Brisebois, Washington, D. C., of counsel.

Joseph Schimmel, Washington, D. C. (Jack E. Armore, Washington, D. C., of counsel), for the Commissioner of Patents.

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

WORLEY, Chief Judge.

Appellant's application1 to register the mark "CHEW 'N CLEAN" for "Dentifrice" has been refused by the Trademark Trial and Appeal Board2 which stated:

* * * Moreover, it is an established principle of law that the question of whether or not a given mark is merely descriptive cannot be considered in the abstract but must be considered in connection with the particular goods to which...

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