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FALK CORPORATION v. TORO MANUFACTURING CORPORATION

Patent Appeal No. 9190.

493 F.2d 1372 (1974)

The FALK CORPORATION, Appellant, v. TORO MANUFACTURING CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 23, 1974.

Attorney(s) appearing for the Case

Allan W. Leiser, Milwaukee, Wis., Quarles, Herriott, Clemons, Teschner & Noelke, Milwaukee, Wis., attorney of record, for appellant.

Thomas A. Lennon, Minneapolis, Minn., attorney of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 176 USPQ 221 (1972), sustaining, by a divided vote, an opposition to appellant's application for registration of TORUS as a trademark for "rubber element shaft couplings," serial No. 344,845, filed November 28, 1969. We reverse.

The Board Opinions

The majority of the board, after reciting five of appellee's registrations of the mark TORO, reviewing...

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