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DIAMOND ALKALI COMPANY v. DUNDEE CEMENT COMPANY

Patent Appeal No. 7373.

343 F.2d 781 (1965)

DIAMOND ALKALI COMPANY, Appellant, v. DUNDEE CEMENT COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 15, 1965.

Attorney(s) appearing for the Case

Boynton P. Livingston, Washington, D. C., (James L. Kurtz, Washington, D. C., of counsel), for appellant.

L. Gaylord Hulbert, Detroit, Mich., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

MARTIN, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board wherein the board dismissed the opposition1 of the appellant, Diamond Alkali Company, which opposition was instituted against an application2 of appellee, Dundee Cement Company.

The two marks in issue are:

The mark on the left, which we will term a stylized D, is that sought to be registered...

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