In re Ideal Industries, Inc.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 180 USPQ 408 (1973), affirming the examiner’s ex parte refusal to register the wordmark WING-NUT for “connecting members for joining the ends of electric wires or conductors,” application serial No. 356,684, filed April 13, 1970, claiming first use June 12, 1959. We reverse.

The application as filed expressly claimed the benefit of § 2(f) of the Trademark Act of 1946 (15 U.S.C. § 1052(f)) by virtue of the inclusion, in the declaration by applicant’s president (see 37 CFR 2.20), of the following:

T…