Application of Simmons Company

WORLEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board of the United States Patent Office affirming the examiner’s refusal to register appellant’s alleged trademark for mattresses on the supplemental register.

As shown by the drawing of appellant’s application, the mark comprises a series of horizontally spaced pairs of vertical rows of stitches which are applied on an outer vertical face of the mattress. The spacing between the pairs of rows of stitches is approximately six times the spacing between the rows of each pair.

As shown by the record, appellant…