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PHILLIPS PETROLEUM COMPANY v. C. J. WEBB, INC.

Patent Appeal No. 8525.

442 F.2d 1376 (1971)

PHILLIPS PETROLEUM COMPANY, Appellant, v. C. J. WEBB, INC., by change of name from Chas. J. Webb Sons Co., Inc., d.b.a. Corrosion Reaction Consultants, Appellee.

United States Court of Customs and Patent Appeals.

June 3, 1971.

Attorney(s) appearing for the Case

Paul L. Gomory, Washington, D. C., Jack E. Phillips, J. Arthur Young and Donald J. Quigg, Bartlesville, Okl., attorneys of record, for appellant.

Edward C. Gonda, Arthur H. Seidel, Seidel, Gonda & Goldhammer, Philadelphia, Pa., attorneys of record, for appellee.

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

LANE, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 158 USPQ 662 (1968), dismissing Phillips' opposition to the registration by Webb, application serial No. 247,757, filed June 10, 1966, of the trademark "CRC MARINE FORMULA 6-66" for "rust and corrosion inhibitor for protecting metal surfaces on boats and components thereof from the corrosive effect of salt air and/or salt water." One member of the board dissented. We reverse.

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