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ILCO CORP. v. IDEAL SECURITY HARDWARE CORP.

Patent Appeal No. 75-567.

527 F.2d 1221 (1976)

ILCO CORPORATION, Appellant, v. IDEAL SECURITY HARDWARE CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

January 29, 1976.

Attorney(s) appearing for the Case

Ira Milton Jones, Milwaukee, Wis., atty. of record, for appellant.

John D. Gould, Merchant, Gould, Smith, Edell, Welter & Schmidt, P. A., Minneapolis, Minn., attys. 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 and Trademark Office Trademark Trial and Appeal Board, 184 USPQ 765 (1974), dismissing appellant's petition to cancel registration No. 927,131 of the mark HOME PROTECTION CENTER for "merchandise racks for displaying and merchandising of various types of locks and latches." The marks and goods of the parties are identical, and it is agreed that the sole issue is priority of use. We reverse.

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