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HOLIDAY INN v. HOLIDAY INNS, INC.

Patent Appeal Nos. 76-546, 76-547.

534 F.2d 312 (1976)

HOLIDAY INN, Appellant, v. HOLIDAY INNS, INC., Appellee. HOLIDAY INNS, INC., Appellant, v. HOLIDAY INN, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 8, 1976.

Attorney(s) appearing for the Case

Stephen B. Judlowe, Roy C. Hopgood, Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, attys. of record, for appellant, cross-appellee.

James L. Kurtz, Washington, D. C., atty. of record, for appellee, cross-appellant.

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

RICH, Judge.

These are cross appeals from a decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB), 188 U.S.P.Q. 471 (1975), in a concurrent use proceeding, No. 350.1 In No. 76-546, applicant Holiday Inn appeals from the TTAB's refusal to register the word mark HOLIDAY INN to it. In No. 76-547, Holiday Inns, Inc., appeals from the TTAB's imposition of restrictions on its three registrations

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