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PEP BOYS — MANNY, MOE AND JACK v. EDWIN F. GUTH CO.

Patent Appeal No. 5864.

197 F.2d 527 (1952)

PEP BOYS — MANNY, MOE AND JACK v. EDWIN F. GUTH CO.

United States Court of Customs and Patent Appeals.

June 24, 1952.

Attorney(s) appearing for the Case

Harvey B. Jacobson, Washington, D. C. (John H. Lewis, Jr., Washington, D. C., of counsel), for appellant.

Koenig and Pope, St. Louis, Mo. (John D. Pope III, St. Louis, Mo., of counsel), for appellee.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, JOHNSON, and WORLEY, Judges.

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 88 USPQ 24, affirming the decision of the Examiner of Trade-Mark Interferences dismissing appellant's notice of opposition to the registration by appellee, under the Trade-Mark Act of 1946, commonly known as the Lanham Act, 15 U.S.C.A. § 1051 et seq., of the word "Cadet" as a trade-mark for electric lighting fixtures.

Appellee...

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