Industrial Nucleonics Corp. v. Hinde

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, abstracted at 166 U.S.P. Q. 160 (1970), dismissing appellant’s opposition to the registration by appellee of ACCURA-FLO, application serial No. 242,820, filed April 6, 1966, claiming first use March 9,1966. We affirm.

The goods for which appellee seeks to register the mark are “a metering flume used for the measurement of sewage and industrial waste and allied solutions.” The record shows that the flumes sold by appellee under the mark are of two kinds, the Palmer Bowlus flume and the Parshall…