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DRACKETT COMPANY v. H. KOHNSTAMM & CO.

Patent Appeal No. 8051.

404 F.2d 1399 (1969)

The DRACKETT COMPANY, Appellant, v. H. KOHNSTAMM & CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

January 16, 1969.

Attorney(s) appearing for the Case

F. M. DeRosa, Washington, D. C., Watson, Cole, Grindle & Watson, Washington, D. C., for appellant.

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

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

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board dismissing an opposition by The Drackett Company to H. Kohnstamm & Co., Inc.'s application1 to register the trade-mark DUSTOP for goods described as "An Oil for Impregnating Dust Cloths and Oil Mops for Use as an Aid in Cleaning," asserting use since November 12, 1963. Appellant, The Drackett Company, opposed on the ground of likelihood of confusion...

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