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  5. 669 F.2d 689 (1980)
 

APPLICATION OF ORION RESEARCH INC.

Appeal No. 79-622.

669 F.2d 689 (1980)

In the Matter of the Application of ORION RESEARCH INCORPORATED.

United States Court of Customs and Patent Appeals.

April 10, 1980.

Attorney(s) appearing for the Case

John B. Miller, Cambridge, Mass., attorney of record for appellant; Robert W. Hagopian, Cambridge, Mass., of counsel.

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

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and FORD, Judge, Customs Court.

MARKEY, Chief Judge.

Orion Research Incorporated (Orion) appeals from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the examiner's refusal to register a symbol as a service mark. We affirm.

Background

In December of 1972, Orion applied for registration of NO LEMON1 and the "ban the lemon" symbol2 illustrated below...

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