IN RE GYULAY

No. 87-1027.

820 F.2d 1216 (1987)

In re Joseph GYULAY, Appellant.

United States Court of Appeals, Federal Circuit.

June 10, 1987.


Attorney(s) appearing for the Case

Ralph Hammar, Erie, Pa., for appellant.

Albin F. Drost, Asst. Solicitor, Arlington, Va., for appellee. With him on the brief were Joseph F. Nakamura, Solicitor and Fred E. McKelvey, Deputy Solicitor.

Before FRIEDMAN, NEWMAN and ARCHER, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

The United States Patent and Trademark Office ("PTO") Trademark Trial and Appeal Board ("Board") refused registration on the Principal Register to APPLE PIE as a trademark1 for potpourri. On the record before us, the Board's decision is affirmed.

OPINION

Potpourri is a pleasant-smelling mixture used as a scent, and is classically associated with rose petals and spices. The potpourri to which...

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