Canadian Imperial Bank of Commerce v. Wells Fargo Bank, National Association

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 Bank) filed an application to register COMM-CASH as a service mark for “banking services.” Crocker National Bank (Crocker), now Wells Fargo Bank, N.A.,…