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STANSPEC CO. v. AMERICAN CHAIN & CABLE CO., INC.

Patent Appeal No. 76-509.

531 F.2d 563 (1976)

STANSPEC CO., Appellant, v. AMERICAN CHAIN & CABLE COMPANY, INC., Appellee.

United States Court of Customs and Patent Appeals.

April 8, 1976.

Attorney(s) appearing for the Case

Bruce B. Krost, Cleveland, Ohio (Woodling, Krost, Granger & Rust, Cleveland, Ohio) Richard A. Collier, Cleveland, Ohio (Burke, Haber & Berick, Cleveland, Ohio), attorneys of record for appellant.

Pennie & Edmonds, New York City, attorney of record, for appellee. Hubert G. Moore, Jr., George F. Long, III, New York City, of counsel.

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 (hereinafter TTAB), granting the motion of American Chain & Cable Company, Inc. (hereinafter American), to dismiss the appellant's (Stanspec Co., hereinafter Stanspec) petition for cancellation. We reverse and remand.

Background

On November 1, 1963, American filed an application to register the mark WRIGHTWAY for use on...

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