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IN RE ETABLISSEMENTS DARTY ET FILS

Appeal No. 85-524.

759 F.2d 15 (1985)

In re ETABLISSEMENTS DARTY ET FILS.

United States Court of Appeals, Federal Circuit.

Decided April 11, 1985.

Attorney(s) appearing for the Case

Harold D. Steinberg, of New York City, for appellant.

Joseph F. Nakamura, Solicitor, Fred E. McKelvey, Acting Deputy Solicitor, and Michael L. Gellner, Asst. Solicitor, for U.S. Patent and Trademark Office.

Before DAVIS, BALDWIN and NIES, Circuit Judges.

NIES, Circuit Judge.

This appeal from the decision of the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB or board), reported at 220 USPQ 260 (1984), affirming the examiner's refusal to register DARTY1 as a service mark on the Principal Register. Refusal is based on the ground that DARTY is "primarily merely a surname" within the meaning of Section 2(e)(3) of the Lanham Act (15 U.S.C. § 1051 et seq...

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