Appeal Nos. 83-501, 83-514.

714 F.2d 1567 (1983)


United States Court of Appeals, Federal Circuit.

August 3, 1983.

Attorney(s) appearing for the Case

Jerry E. Hyland, Indianapolis, Ind., argued for appellant.

Fred E. McKelvey, Arlington, Va., argued for appellee. With him on the brief was Joseph F. Nakamura, Sol., Washington, D.C.

Before BALDWIN, KASHIWA and SMITH, Circuit Judges.

KASHIWA, Circuit Judge.

This is a consolidated appeal from decisions of the Trademark Trial and Appeal Board (hereinafter board) sustaining the trademark examining attorney's refusals of two applications by appellant for registration on the principal register. It raises the issue whether the name and portrait of a musical group function as trademarks on sound recordings under the facts of this case. We hold that the specimens submitted to the Patent and Trademark...

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