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PHILIP MORRIS INC. v. K2 CORP.

Patent Appeal No. 76-740.

555 F.2d 815 (1977)

PHILIP MORRIS INCORPORATED, Appellant, v. K2 CORPORATION and Cummins Engine Company, Inc., Appellees.

United States Court of Customs and Patent Appeals.

June 2, 1977.

Attorney(s) appearing for the Case

Anthony L. Fletcher, Victor H. Tinucci III, New York City (Conboy, Hewitt, O'Brien & Boardman, New York City), attorneys of record, for appellant.

James R. Uhlir, Seattle, Wash. (Graybeal, Barnard & Uhlir, Seattle, Wash.), attorneys of record, for appellee.

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

RICH, Judge.

This appeal is from the Trademark Trial and Appeal Board (board) sustaining appellees' opposition to appellant's application for registration of the mark "K2" for "filter cigarettes." Appellee K2 Corporation is the owner of a registration of the mark "K2" for "snow skis." Familiarity with the board's opinion, which appears at 192 U.S. P.Q. 174 (1976), is assumed. We affirm.

OPINION

We find no error in the board's ultimate conclusion...

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