In re Clairol Inc.

Baldwin, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board sustaining a refusal to register the mark SWEDISH CRYSTAL for ia hair tinting, dyeing and coloring preparation. The board’s opinion appears at 161 USPQ, 500 (1969). Familiarity vvith that opinion is assumed.

The basis for the refusal to register ivas that the mark was not used as a means for distinguishing the goods of others, but only as ■a color designation to identify the color “light muted ash.” The specimen reproduced in the board’s opinion sIioays a typical use of the mark, judging from the numerous…