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IN RE BOSE CORP.

Appeal No. 84-1592.

772 F.2d 866 (1985)

In re BOSE CORPORATION.

United States Court of Appeals, Federal Circuit.

September 9, 1985.

Attorney(s) appearing for the Case

Charles Hieken, Boston, Mass., argued for appellant.

John W. Dewhirst, Associate Sol., U.S. Patent and Trademark Office, Arlington, Va., argued for appellee. With him on brief was Joseph F. Nakamura, Sol., Washington, D.C.

Before NIES, NEWMAN and BISSELL, Circuit Judges.

NIES, Circuit Judge.

Bose Corporation appeals from the decision of the Trademark Trial and Appeal Board affirming a refusal to register a design shown in application Serial No. 127,803 on the Principal Register as a trademark for "loudspeaker systems." The basis for PTO action is that the design is functional and, therefore, cannot serve as a mark for the goods. We affirm.

I.

Background

Application Serial No. 127,803 has had a long...

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