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APPLICATION OF CHESAPEAKE CORPORATION OF VIRGINIA

Patent Appeal No. 8251.

420 F.2d 754 (1970)

Application of the CHESAPEAKE CORPORATION OF VIRGINIA.

United States Court of Customs and Patent Appeals.

February 5, 1970.

Attorney(s) appearing for the Case

Jacobi, Davidson & Jacobi, Washington, D. C., attorneys of record, for appellant; Siegfried A. Schoedel, Washington, D. C., of counsel.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents, D. Lenore Lady, Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, LANE, Judges, and McMANUS, Chief Judge, sitting by designation.

ALMOND, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, 154 USP 248, affirming the examiner's refusal to register on the Principal Register "SUPERWATERFINISH" as a trademark for kraft paper1 on the ground that the mark is "so highly descriptive of the goods as to be merely an apt commercial designation * * * believed to be without the ability to distinguish the goods of one entity from the goods of another...

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