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TANNERS' COUNCIL OF AMERICA, INC. v. GARY INDUSTRIES, INC.

Patent Appeal No. 8485.

440 F.2d 1404 (1971)

TANNERS' COUNCIL OF AMERICA, INC., Appellant, v. GARY INDUSTRIES, INC., d.b.a. ACCO Products, Appellee.

United States Court of Customs and Patent Appeals.

May 13, 1971.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, David Goldberg, New York City, attorneys of record, for appellant.

Elmer L. Zwickel, Chicago, Ill., for appellee.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and RE, Judge, United States Customs Court, sitting by designation.

LANE, Judge.

Tanners' Council of America, Inc. appeals from the decision of the Trademark Trial and Appeal Board rendered July 23, 1968, 158 USPQ 669, dismissing appellant's opposition to the registration of the term ACCOHIDE as a trademark for loose-leaf binders. The applicant for registration moved to dismiss the opposition on the ground that opposer is a mere trade association having no business in or product on which the involved trademark can be or is used and...

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