Legal Opinion
Burmel Handkerchief Corp. v. Cluett, Peabody & Co.
Court of Customs and Patent Appeals
Decided April 27, 1942No. Patent Appeal 4580PublishedCited by 28 opinions
1Opinion of the Court
JACKSON, Associate Judge.
On September 1, 1938 appellant filed in the United States Patent Office its application to register its trade-mark “Handkerchiefs of the Year” as applied to handkerchiefs, the word “Handkerchiefs” being disclaimed. The application alleges continuous use of the mark since March 16, 1937.
Notice of Opposition to the registration was filed by appellee December 7, 1938, setting out the grounds for opposition as follows:
“1. The Opposer, Cluett, Peabody & Co., Inc., is a manufacturer of handkerchiefs, collars, shirts, underwear, neckties, and other articles of dress and…
2Cases cited5 opinions
- Dubonnet Wine Corporation v. Ben-Burk, Inc.Court of Customs and Patent Appeals · 1941
- Sparklets Corporation v. Walter Kidde Sales Co.Court of Customs and Patent Appeals · 1939
- Martell & Co. v. Societe Anonyme de la BenedictineCourt of Customs and Patent Appeals · 1941
- Battle Creek Sanitarium Co. v. FullerCourt of Appeals for the D.C. Circuit · 1908
- McIlhenny's Son v. New Iberia Extract of Tobasco Pepper Co.Court of Appeals for the D.C. Circuit · 1908
3Cited by28 opinions
- Exquisite Form Indus., Inc. v. Exquisite Fabrics of LondonDistrict Court, S.D. New York · 1974
- Schering & Glatz, Inc. v. Sharp & Dohme, Inc.Court of Customs and Patent Appeals · 1944
- Dewalt, Inc. v. Magna Power Tool Corp.Court of Customs and Patent Appeals · 1961
- L. J. Mueller Furnace Co. v. United Conditioning Corp.Court of Customs and Patent Appeals · 1955
- De Walt, Inc. v. Magna Power Tool Corp.Court of Customs and Patent Appeals · 1961
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