CLUETT, PEABODY & CO. v. J. H. BONCK COMPANY

Patent Appeal No. 7899.

390 F.2d 754 (1968)

CLUETT, PEABODY & CO., Inc., Appellant, v. J. H. BONCK COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

February 1, 1968.


Attorney(s) appearing for the Case

Robert J. Dockery, Leo Fornero, New York City, for appellant.

Before RICH, Acting Chief Judge, SMITH and ALMOND, Judges, and WILLIAM H. KIRKPATRICK.


KIRKPATRICK, Judge.

Cluett, Peabody seeks registration of "TTM" and certain ancillary design matter for "Boys' Shirts." The Bonck Co., relying on prior use and registration of "T.M.T." on shirts and pants, opposes, alleging that applicant's "TTM" so resembles "T.M.T." as to be likely to cause confusion or mistake or to deceive. The Trademark Trial and Appeal Board sustained opposer's position, both initially and on reconsideration. We agree.

In its consideration...

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