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APPLICATION OF REALISTIC COMPANY

Patent Appeal No. 8529.

440 F.2d 1393 (1971)

Application of The REALISTIC COMPANY.

United States Court of Customs and Patent Appeals.

May 13, 1971.

Attorney(s) appearing for the Case

Roy F. Schaeperklaus, Cincinnati, Ohio, attorney of record, for appellants. William A. Smith, Jr., Washington, D. C., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Betty Hedrick Vertiz, Arlington, Va., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and SKELTON, Judge, sitting by designation.

ALMOND, Judge.

This appeal is from a decision by the Trademark Trial and Appeal Board, 159 USPQ 445 (1968), affirming the examiner's refusal to register "CURV'" as a trademark for permanent wave curling solutions1 on the ground that the mark is merely descriptive of applicant's goods within the meaning of section 2(e) (1) Trademark Act of 1946, 15 U. S.C. § 1052(e).

Appellant has...

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