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APPLICATION OF CLAIROL INCORPORATED

Patent Appeal No. 8625.

457 F.2d 509 (1972)

Application of CLAIROL INCORPORATED.

United States Court of Customs and Patent Appeals.

April 6, 1972.

Attorney(s) appearing for the Case

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

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Fred W. Sherling, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges.

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board sustaining a refusal to register the mark SWEDISH CRYSTAL for a hair tinting, dyeing and coloring preparation. The board's opinion appears at 161 USPQ 500 (1969). Familiarity with that opinion is assumed.

The basis for the refusal to register was that the mark was not used as a means for distinguishing the goods of others, but only as a color designation to identify the...

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