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IN RE BUSH BROS. & CO.

No. 89-1071.

884 F.2d 569 (1989)

In re BUSH BROTHERS & COMPANY.

United States Court of Appeals, Federal Circuit.

September 1, 1989.

Attorney(s) appearing for the Case

Edward G. Fenwick, Mason, Fenwick & Lawrence, Washington, D.C., submitted for appellant. With him on the brief was Brian D. Anderson.

Albin F. Drost, Associate Sol., Office of the Sol., of Arlington, Va., submitted for appellee. With him on the brief was Fred E. McKelvey, Sol.

Before NEWMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and BISSELL, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Bush Brothers appeals the decision of the Trademark Trial and Appeal Board affirming the examining attorney's refusal to register the term DELUXE on the Supplemental Register as a trademark for canned pork and beans.1 We reverse.

The Supplemental Register

Bush Brothers initially applied for registration on the Principal Register. The examining...

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