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APPLICATION OF SUN OIL COMPANY

Patent Appeal No. 8320.

426 F.2d 401 (1970)

Application of SUN OIL COMPANY.

United States Court of Customs and Patent Appeals.

May 28, 1970.

Attorney(s) appearing for the Case

Donald R. Johnson, Philadelphia, Pa., attorney of record, for appellant.

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 and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation.

ALMOND, Judge.

Sun Oil Company brings this appeal from the decision of the Trademark Trial and Appeal Board, 155 USPQ 600 (1967), affirming the examiner's refusal to allow appellant's application to register "CUSTOM-BLENDED" for gasoline1 on the ground that the mark is merely decriptive of applicant's goods within the meaning of section 2(e) (1) of the Trademark Act of 1946 (15 U.S.C. § 1052(e) (1)) and because the evidence submitted...

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