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MATTER OF APPLICATION OF SILENUS WINES, INC.

Patent Appeal No. 76-647.

557 F.2d 806 (1977)

In the Matter of the APPLICATION of SILENUS WINES, INC.

United States Court of Customs and Patent Appeals.

June 23, 1977.

Attorney(s) appearing for the Case

Charles Hieken, Hieken & Cohen, Waltham, Mass., attys. of record, for appellant.

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

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

BALDWIN, Judge.

This is an appeal from a decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the refusal of the examiner to register the trademark STEFMON for table wine.1 Appellant controverts the board's holding that the mark was not used in commerce as required by the Trademark Act of 1946 (Lanham Act).

No dispute exists as to the facts. In the course of its business, appellant...

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