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IN RE SARKLI, LTD.

Appeal No. 83-983, Serial No. 266643.

721 F.2d 353 (1983)

In re SARKLI, LTD.

United States Court of Appeals, Federal Circuit.

November 18, 1983.

Attorney(s) appearing for the Case

Arnold Sprung, New York City, argued, for appellant.

John F. Pitrelli, Arlington, Va., argued, for appellee. With him on the brief were Joseph F. Nakamura, Sol. and John W. Newhirst, Associate Sol., Washington, D.C.

Before FRIEDMAN, SMITH and NIES, Circuit Judges.

NIES, Circuit Judge.

The decision of the Trademark Trial and Appeal Board (board) of the United States Patent and Trademark Office (PTO) (217 USPQ 93 (1982)), refusing registration of appellant's mark REPECHAGE for various skin care products1 because of the likelihood of confusion with the mark SECOND CHANCE registered for face creams and other toiletries,2 is reversed.

The board held that "repechage...

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