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E. I. DU PONT DE NEMOURS & CO. v. CELANESE CORPORATION

Patent Appeals No. 5360.

167 F.2d 484 (1948)

E. I. DU PONT DE NEMOURS & CO. v. CELANESE CORPORATION OF AMERICA.

Court of Customs and Patent Appeals.

Rehearing Denied April 30, 1948.

Attorney(s) appearing for the Case

Stone, Boyden & Mack, of Washington, D. C. (J. Hanson Boyden of Washington, D. C., of counsel) for appellant.

C. W. Levinson and I. Seltzer, both of New York City, for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

HATFIELD, Associate Judge.

This is an appeal in a trade-mark cancelation proceeding from the decision of the Commissioner of Patents, 69 U.S.P.Q. 258, affirming the decision of the Examiner of Interferences granting appellee's motion to dismiss appellant's petition to cancel the registration of appellee's mark "Celanese," with the word "Brand" enclosed in smaller letters within the term "Celanese," for use on dyestuffs.

Appellee's trade-mark, registration...

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