IN RE AMSTED INDUSTRIES INC.

No. 91-1497.

972 F.2d 1326 (1992)

In re AMSTED INDUSTRIES INCORPORATED.

United States Court of Appeals, Federal Circuit.

August 24, 1992.


Attorney(s) appearing for the Case

William T. McGrath, Davis, Mannix & McGrath, Chicago, Ill., argued for appellant. With him on the brief was Edward J. Brosius, Amsted Industries Inc., Chicago, Ill.

Nancy C. Slutter, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With her on the brief was Fred E. McKelvey, Sol. Of counsel was Richard E. Schafer.

Before RICH, MICHEL and RADER, Circuit Judges.


RICH, Circuit Judge.

This appeal is from the July 8, 1991 decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board affirming the final refusal of the PTO Examining Attorney to register appellant's trademark, application Serial No. 73/718,663. We reverse.

The goods for which the mark is sought to be registered are thermoplastic encapsulated wire rope. The mark sought to be registered consists of the orange coloration...

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