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APPLICATION OF E. I. DuPONT DeNEMOURS & CO.

Patent Appeal No. 8866.

476 F.2d 1357 (1973)

Application of E. I. DuPONT DeNEMOURS & CO. (Assignee of Horizon Industries Corporation).

United States Court of Customs and Patent Appeals.

May 3, 1973.

Attorney(s) appearing for the Case

Eugene L. Grimm, Wilmington, Del., atty. of record, for appellant. Gerald A. Hapka, Washington, D. C., of counsel.

S. Wm. Cochran, Washington, D. C., for Commissioner of Patents. Jack E. Armore, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and WATSON, Judge, United States Customs Court, sitting by designation.

MARKEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 166 USPQ 351 (1970), affirming a refusal to register DuPont's mark RALLY for a combination polishing, glazing and cleaning agent for use on automobiles1 on the basis of likelihood of confusion under section 2(d) of the Lanham Act with Horizon's registered mark RALLY for an all-purpose detergent.2 We reverse.

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