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COMPAGNIE FRANCAISE de PRODUITS CHIM., ETC. v. GAF CORP.

Patent Appeal No. 8938.

479 F.2d 1402 (1973)

COMPAGNIE FRANCAISE de PRODUITS CHIMIQUES et INDUSTRIELS du SUD-EST, Appellant, v. GAF CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

June 14, 1973.

Attorney(s) appearing for the Case

J. Timothy Hobbs, G. Cabell Busick, Washington, D. C. (Mason, Fenwick & Lawrence, Washington, D. C.), for appellant.

W. M. Webner, New York City, for appellee.

Before MARKEY, Chief Judge, RICH, BALDWIN, and LANE, Judges, ALMOND, Senior Judge.

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board sustaining the opposition of appellee to registration of HELIANE by appellant for "vat dyes utilized in dyeing of fabrics." Appellee relied on its prior registrations and use of HELIO1 for dyes and dyestuffs and HELIOGEN2 for pigment dyestuffs. We affirm.

OPINION

The goods are substantially identical...

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