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In re Kahan & Weisz Jewelry Manufacturing Corp.

United States Court of Customs and Patent Appeals
508 F.2d 831 (1975)

Written by Jenny Perry, JD

Facts

Kahan & Weisz Jewelry Manufacturing Corporation (Kahan) (applicant) sought to register the mark “Ducharme” for watches. Registration was refused on the ground that Ducharme was primarily a surname. The Trademark Trial and Appeal Board (board) affirmed, finding that although Ducharme was possibly a rare surname, § 2(e) of the Lanham Act (act) did not distinguish between rare and common surnames. The examiner offered evidence that Ducharme was listed in various telephone directories as a surname. Kahan appealed.

Rule of Law

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Issue

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Holding and Reasoning (Baldwin, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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