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APPLICATION OF GENERAL TIRE & RUBBER COMPANY

Patent Appeal No. 8059.

404 F.2d 1396 (1969)

Application of the GENERAL TIRE & RUBBER COMPANY.

United States Court of Customs and Patent Appeals.

January 16, 1969.

Attorney(s) appearing for the Case

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

Joseph Schimmel, Washington, D. C., (Fred W. Sherling, Washington, D. C., of counsel) for the Commissioner of Patents.

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

KIRKPATRICK, Judge.

The General Tire & Rubber Company appeals from a decision of the Trade-mark Trial and Appeal Board1 refusing appellant's application2 for registration of a mark for pneumatic tires described as consisting of three narrow white concentric rings of approximately equal width applied to the outer surface of a dark sidewall tire.

An illustration of the mark applied to a tire, in accordance...

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