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IN RE K-T ZOE FURNITURE, INC.

No. 92-1509.

16 F.3d 390 (1994)

In re K-T ZOE FURNITURE, INC.

United States Court of Appeals, Federal Circuit.

February 8, 1994.

Attorney(s) appearing for the Case

Jerome A. Gross, Jerome A. Gross & Associates, of St. Louis, Missouri, argued for appellant. With him on the brief was Carol J. Hamilton.

Nancy C. Slutter, Associate Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. With her on the brief was Fred E. McKelvey, Solicitor. Of counsel were Richard E. Schafer, Lee E. Barrett and Albin F. Drost.

Before NEWMAN, ARCHER, and MAYER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

K-T Zoe Furniture, Inc. seeks to register the following service mark for "custom manufacturing of furniture upholstered with fabrics furnished or pre-selected by customers":

The Trademark Trial and Appeal Board refused registration unless the applicant disclaimed the phrase "the sofa & chair company". This phrase had been disclaimed in two other registrations of the same mark...

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