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IN RE MASTIC INC.

No. 87-1058.

829 F.2d 1114 (1987)

In re MASTIC INC., Appellant.

United States Court of Appeals, Federal Circuit.

September 30, 1987.

Attorney(s) appearing for the Case

Robert McMorrow, Sughrue, Mion, Zinn, MacPeak & Seas, Washington, D.C., argued for appellant. With him on brief, was John H. Weber.

Nancy C. Slutter, Asst. Sol., Office of the Solicitor, Arlington, Va., argued for appellee. With her on brief, were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol.

Before FRIEDMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

Mastic Inc. appeals from the final decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (TTAB) affirming a refusal to register the trademark SHURLOK for "vinyl siding" on the ground of likelihood of confusion with the registered mark SHURLOK for "roofing shingles," despite a consent by the owner of the registered mark to Mastic's registration. We affirm.

I

Under section 44 of the Lanham Act...

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