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DAIMLER-BENZ AKTIENGESELLSCHAFT v. CONSULTING ENG. COUN.

Patent Appeal No. 7495.

353 F.2d 539 (1965)

DAIMLER-BENZ AKTIENGESELLSCHAFT, Appellant, v. CONSULTING ENGINEERS COUNCIL, Appellee.

United States Court of Customs and Patent Appeals.

December 16, 1965.

Attorney(s) appearing for the Case

Von Maltitz, Derenberg, Kunin & Janssen, Walter J. Derenberg, New York City (Horst Von Maltitz, Louis Kunin, New York City, of counsel), for appellant.

Robert G. McMorrow, Washington, D. C. (James Atkins, Russell L. Law, Washington, D. C., of counsel), for appellee.

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

ALMOND, Judge.

Daimler-Benz Aktiengesellschaft, hereinafter Benz, appeals from the decision of the Trademark Trial and Appeal Board dismissing its opposition1 to the application2 of Consulting Engineers Council, hereinafter CEC, to register a collective membership mark for indicating membership in a professional organization. Use since July 29, 1957 is asserted.

The CEC mark is reproduced below:

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