IN RE MARTIN'S FAMOUS PASTRY SHOPPE, INC.

Appeal No. 84-1023.

748 F.2d 1565 (1984)

In re MARTIN'S FAMOUS PASTRY SHOPPE, INC.

United States Court of Appeals, Federal Circuit.

November 27, 1984.


Attorney(s) appearing for the Case

Franklin A. Miles, Jr., McNees, Wallace & Nurick, Harrisburg, argued for appellant.

Robert D. Edmonds, Associate Sol., Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Jere W. Sears, Deputy Sol., Washington, D.C.

Before KASHIWA, NIES, and NEWMAN, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

This appeal is from the January 17, 1984 decision of the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office (Board), affirming the ex parte rejection of appellant's application, Ser. No. 280,013, to register the word-mark MARTIN'S for "wheat bran and honey bread". We affirm.

The refusal to register rests on section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d). The Board held, in a two-to-one decision...

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