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IN RE MBNA AMERICA BANK, N.A.

Nos. 02-1558, 74/472, 74/417, 74/908, 74/538.

340 F.3d 1328 (2003)

In re MBNA AMERICA BANK, N.A.

United States Court of Appeals, Federal Circuit.

Decided August 15, 2003.

Attorney(s) appearing for the Case

Michael A. Grow, Arent, Fox Kintner Plotkin & Kahn, PLLC, of Washington, DC, argued for appellant. With him on the brief was Evan S. Stolove.

Linda Moncys-Isacson, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With her on the brief were John M. Whealan, Solicitor; and Thomas Krause, Associate Solicitor. Of counsel was Nancy C. Slutter, Associate Solicitor.

Before MAYER, Chief Judge, MICHEL, and RADER, Circuit Judges.

Opinion for the court filed by MICHEL, Circuit Judge. Dissenting opinion filed by MAYER, Chief Judge.

MICHEL, Circuit Judge.

MBNA America Bank, N.A. ("MBNA") appeals the June 11, 2002, decision of the United States Patent and Trademark Office's Trademark Trial and Appeal Board ("the Board") affirming the Examining Attorney's refusal to register the word marks MONTANA SERIES and PHILADELPHIA CARD because Section 2...

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