Legal Opinion
In re West Point-Pepperell, Inc.
Court of Customs and Patent Appeals
Decided November 2, 1972No. Patent Appeal Nos. 8769, 8770PublishedCited by 15 opinions
1Opinion of the Court
RICH, Judge.
This appeal was taken from the decision of the Patent Office Trademark Trial and Appeal Board in consolidated appeals affirming the examiner’s refusal of two registrations of very similar marks, applications serial No. 259,613 and serial No. 259,614, filed November 28, 1966, claiming first use October 25, 1966. The board decision is abstracted at 164 USPQ 250.
The marks sought to be registered both consist of the same elements, namely, a griffin design1 of distinctive form and the words “West Point Peppered.” The only difference between the marks is that in serial No. 259,614 the…
2Cases cited1 opinion
- Columbian Steel Tank Company v. Union Tank and Supply Company (Butler Manufacturing Company, Assignee, Substituted)Court of Appeals for the D.C. Circuit · 1960
3Cited by15 opinions
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
- Paula Payne Products Co. v. Johnson Publishing Co.Court of Customs and Patent Appeals · 1973
- In Re Mighty Leaf TeaCourt of Appeals for the Federal Circuit · 2010
- AMF Inc. v. American Leisure Products, Inc.Court of Customs and Patent Appeals · 1973
- American Ass'n for Advancement of Science v. Hearst Corp.District Court, District of Columbia · 1980
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