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KAYSER-ROTH CORP. v. SILVER KNIT HOSIERY MILLS, INC.

Patent Appeal No. 8950.

481 F.2d 1348 (1973)

KAYSER-ROTH CORPORATION, Appellant, v. SILVER KNIT HOSIERY MILLS, INC., Appellee.

United States Court of Customs and Patent Appeals.

August 9, 1973.

Attorney(s) appearing for the Case

Allan Zelnick, Burns, Lobato & Zelnick, New York City, attorneys of record, for appellant.

Frank P. Presta, Jacobi, Lilling & Siegel, New York City, attorneys of record, for appellee.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge.

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board,1 one member dissenting, dismissing an opposition to appellee's application2 for registration of the following mark, for hosiery:

Opposition is based on appellant's use and registration3 of the mark LONDON GUARDS for hosiery.

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