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APPLICATION OF PENTHOUSE INTERN. LTD.

No. 77-524.

565 F.2d 679 (1977)

Application of PENTHOUSE INTERNATIONAL LTD.

United States Court of Customs and Patent Appeals.

November 10, 1977.

Attorney(s) appearing for the Case

Stevan J. Bosses, New York City, Watson, Leavenworth, Kelton & Taggart, New York City, attorneys of record, for appellant.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Fred W. Sherling, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN, and LANE, Judges, and MORGAN FORD, Judge, United States Customs Court.

MARKEY, Chief Judge.

Appeal from a decision of the Trademark Trial and Appeal Board affirming the trademark examiner's final refusal to register applicant's mark. We reverse.

Background

Appellant Penthouse International Ltd. (Penthouse) seeks to register on the Principle Register, for items of jewelry, including cuff links, tie fasteners, key rings, bracelets and pendants, in former U.S. Class 28, this stylized key logo:

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