Application of Miller International Co

SMITH, Judge.

Appellant seeks registration of its trademark for phonograph records. Use since April 1958 is alleged. This mark as shown in the drawing of the application 1 is as follows:

Applicant has disclaimed any right to the words “STEREO-FIDELITY” apart from the mark as shown. As can be seen, the remaining portions consist of two stylized speakers with a line representing a stylized sound wave between them and an arbitrary hyperbola which gives vertical dimension to the design.

In affirming the decision of the examiner refusing registration, the Trademark Trial and Appeal Board, (130 US PQ…