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TOP BOY INTERNATIONAL, INC. v. MARRIOTT CORPORATION

Patent Appeal No. 8835.

470 F.2d 641 (1973)

TOP BOY INTERNATIONAL, INC., Appellant, v. MARRIOTT CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

January 4, 1973.

Attorney(s) appearing for the Case

Theodore R. Scott, Melvin M. Goldenberg, Chicago, Ill. (McDougall, Hersh & Scott, Chicago, Ill.), attorneys of record, for appellant.

Richard C. Browne, Washington, D. C., attorney of record, for appellee; Francis C. Browne, Alan S. Cooper, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges.

PER CURIAM:

This is an appeal from the decision of the Trademark Trial and Appeal Board sustaining the opposition by appellee Marriott Corporation to appellant's application1 for registration of the following composite service mark for drive-in restaurant services:

Appellee opposes registration of appellant's mark on the basis of likelihood of confusion with its registered mark BIG BOY, for hamburgers.

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