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NORTON COMPANY v. BEAR MANUFACTURING COMPANY

Patent Appeal No. 8453.

438 F.2d 620 (1971)

NORTON COMPANY, Appellant, v. BEAR MANUFACTURING COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

March 11, 1971.

Attorney(s) appearing for the Case

Edward M. Prince, Washington, D. C. (Cushman, Darby & Cushman), Washington, D. C., attorney of record, for appellant; C. Willard Hayes, Washington, D. C., James Spool, Niskayuna, N. Y., of counsel.

James M. Parker, Thomas R. Juettner, Chicago, Ill. (Gary, Parker, Juettner, Pigott & Cullinan), Chicago, Ill., for appellee.

Before RICH, ALMOND, BALDWIN, LANE, Judges, and FORD, Judge, United States Customs Court, sitting by designation.

LANE, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 157 USPQ 634 (1968), sustaining appellee's oppositions to appellant's registration of the mark BEAR1 and of a design mark consisting of a bear's head2 as reproduced in the board opinion, 157 USPQ at 635, both for "mineral oil, namely, a general-purpose lubricating and sharpening oil." We affirm.

Appellee based its...

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