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LUZIER INCORPORATED v. MARLYN CHEMICAL CO.

Patent Appeal No. 8524.

442 F.2d 973 (1971)

LUZIER INCORPORATED, Appellant, v. MARLYN CHEMICAL CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

May 27, 1971.

Attorney(s) appearing for the Case

Alfred T. Lee, Weil, Lee & Bergin, New York City, attorneys of record, for appellant.

Jack Y. Dinsmore, Shlesinger, Arkwright, Garvey & Dinsmore, Arlington, Va., attorneys of record, for appellee, Munson H. Lane, Washington, D. C., of counsel.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board in a consolidated proceeding in which it dismissed two oppositions to applications to register trademarks on the Principal Register. Serial No. 234,220, filed December 8, 1965, asked registration of the word-mark LUMAR for "Powdered Fabric Softener." Serial No. 243,150, filed April 11, 1966, asked registration, as applied to the same goods, of a composite mark consisting...

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