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CANADIAN IMPERIAL BANK v. WELLS FARGO BANK, N.A.

Appeal No. 86-1351.

811 F.2d 1490 (1987)

CANADIAN IMPERIAL BANK OF COMMERCE, Appellant, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, Appellee.

United States Court of Appeals, Federal Circuit.

February 17, 1987.

Attorney(s) appearing for the Case

James F. Browne, Laurence Brown and Associates, P.C., Arlington, Va., argued, for appellant. With him on brief, was Laurence R. Brown.

Thomas J. Moore, Bacon and Thomas, Alexandria, Va., argued, for appellee. Richard E. Backus, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., was on brief, for appellee.

Before FRIEDMAN, Circuit Judge, BENNETT, Senior Circuit Judge, and EDWARD S. SMITH, Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (Board), sustaining an opposition to registration of the trademark COMMCASH for "banking services" on the basis of the prior use and registration of the trademark COMMUNICASH for "banking services." 228 USPQ 689 (TTAB 1986). We affirm.

I

The pertinent facts are as follows:

In May 1981, the appellant Canadian Imperial Bank of Commerce (Canadian...

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