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IN RE WATER GREMLIN CO.

Appeal No. 80-534.

635 F.2d 841 (1980)

In re WATER GREMLIN COMPANY.

United States Court of Customs and Patent Appeals.

November 26, 1980.

Attorney(s) appearing for the Case

Carl L. Johnson, St. Paul, Minn., for appellant.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents and Trademarks; Jeffrey H. Kaufman and Fred E. McKelvey, Washington, D. C., of counsel.

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

NIES, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board (board) of the United States Patent and Trademark Office (PTO), 204 USPQ 261 (1979), affirming the examiner's refusal to register a package design with the words SINKER SELECTOR displayed thereon on the Supplemental Register. We affirm.

BACKGROUND

Appellant applied for registration, initially on the Principal Register, of the following design and words:

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