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APPLICATION OF UNITED OIL MANUFACTURING CO.

Patent Appeal No. 74-574.

508 F.2d 1341 (1975)

Application of UNITED OIL MANUFACTURING CO.

United States Court of Customs and Patent Appeals.

January 30, 1975.

Attorney(s) appearing for the Case

J. Preston Swecker and Robert S. Swecker, Washington, D. C., attys. of record, for appellant.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents, Jack E. Armore, Associate Sol., Washington, D. C.

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

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 affirming the examiner's refusal to register UNITED,2 as a trademark for gasoline, on the Principal Register. We reverse.

The examiner refused registration under section 2(d) of the Lanham Act (15 U.S.C. § 1052(d)) on the ground that contemporaneous use of the registered mark UNITED3

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