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NATIONAL BISCUIT COMPANY v. PRINCETON MINING COMPANY

Patent Appeal No. 7238.

338 F.2d 1022 (1964)

NATIONAL BISCUIT COMPANY, Appellant, v. PRINCETON MINING COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

December 10, 1964.

Attorney(s) appearing for the Case

Nims, Halliday, Whitman, Howes & Collision, New York City (Walter J. Halliday, Oliver P. Howes, Jr., and Thomas A. Kain, New York City, of counsel), for appellant.

Beer, Richards & Haller, New York City (Stewart W. Richards, New York City, of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

WORLEY, Chief Judge.

Princeton Mining seeks registration for "PREMIUM POP," disclaiming the word "POP," for use on raw popcorn, alleging use since 1956.

National Biscuit opposes on the ground that appellant's mark so resembles opposer's previously registered marks of "PREMIUM"1 on biscuits and crackers as to likely cause confusion or mistake or deceive purchasers.

The Trademark Trial and Appeal Board, one member dissenting...

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