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IN RE ADVERTISING & MARKETING DEVELOPMENT, INC.

Appeal No. 87-1092.

821 F.2d 614 (1987)

In re ADVERTISING & MARKETING DEVELOPMENT, INC.

United States Court of Appeals, Federal Circuit.

June 5, 1987.

Attorney(s) appearing for the Case

Donald A. Kaul, Brownstein Zeidman and Schomer, Washington, D.C., argued for appellant.

Albin F. Drost, Asst. Solicitor, Office of Solicitor, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Solicitor, and Fred E. McKelvey, Deputy Solicitor.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and SMITH, Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

Advertising & Marketing Development, Inc. (A & M), appeals from the final decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board),1 refusing registration of THE NOW GENERATION as a service mark for A & M's promotional services, based on the board's finding that A & M had not actually used the mark to identify such services...

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