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APPLICATION OF WELLA CORP.

Appeal No. 77-572.

565 F.2d 143 (1977)

Application of the WELLA CORPORATION.

United States Court of Customs and Patent Appeals.

November 17, 1977.

Attorney(s) appearing for the Case

Burton L. Lilling, Frank P. Presta, Arlington, Va. (Jacobi, Lilling & Siegel, Arlington, Va.), attorneys of record, for appellant.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents, Fred E. McKelvey, Washington, D. C., of counsel.

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

MILLER, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) affirming the refusal of the examiner to register appellant's mark on the Supplemental Register (15 U.S.C. § 1091). We reverse.

The mark is the stylized lettering of "balsam" for hair conditioner and hair shampoo shown below. (Appellant has disclaimed the term "balsam" itself.)

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