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Application of J. F. Marr Company, Inc

311 F.2d 814, 50 C.C.P.A. 895
Court of Customs and Patent Appeals·Decided January 16, 1963·No. Patent Appeal 6871·Published

Opinion

SMITH, Judge.

Appellant has appealed from a decision of the Trademark Trial and Appeal Board which affirmed the rejection of its application 1 , for the registration of the composite mark reproduced, below, for electrical lamps. The board (at 130 USPQ 485) affirmed the examiner’s rejection 2 based on the composite mark, *815 which is also reproduced below, of Registration No. 234,588 granted Nov. 1,1927, renewed Nov. 1, 1947, for “Electrical Lamps, Torcheres and Candelabra.

Since appellant’s mark and the mark of Reg. No. 234,588 are for identical goods, namely electrical lamps, the only issue is whether or not the marks are so similar that confusion, mistake, or deception of purchasers is likely.

The drawings of the appealed application and of the reference registration show the respective composite marks as follows:

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Application of J. F. Marr Company, Inc, 311 F.2d 814, 50 C.C.P.A. 895 (ccpa 1963).

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