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APPLICATION OF DOBECKMUN COMPANY

Patent Appeal No. 6613.

286 F.2d 187 (1960)

Application of DOBECKMUN COMPANY (The Dow Chemical Company, Assignee, Substituted).

United States Court of Customs and Patent Appeals.

Rehearing Denied February 21, 1961.

Attorney(s) appearing for the Case

Ely, Pearne & Gordon, Cleveland, Ohio (A. L. Ely, Jr., Cleveland, Ohio, of counsel), for appellant.

Clarence W. Moore, Washington, D. C., for Comr. of Patents.

Before WORLEY, Chief Judge, RICH, MARTIN and SMITH, Judges, and WILLIAM H. KIRKPATRICK, Judge.

SMITH, Judge.

The single issue here is whether Section 2(d) of the Lanham Act (15 U.S. C.A. § 1052(d)) supports the refusal of the examiner, affirmed by the Trademark Trial and Appeal Board, to register applicant's mark "Durafilm" for "laminated and/or extrusion-coated translucent or transparent packaging films," over prior registration No. 564,274 of the trademark "Durofoil" for "wrapping material, namely, paper laminated to a metallic foil and transparent film...

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