Diamond Alkali Company v. Dundee Cement Company

MARTIN, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board wherein the board dismissed the opposition 1 of the appellant, Diamond Alkali Company, which opposition was instituted against an application 2 of appellee, Dundee Cement Company.

The two marks in issue are:

The mark on the left, which we will term a stylized D, is that sought to be registered by appellee, while that on the right is the registered mark 3 on which appellant bases the instant opposition.

There is no issue of priority, appellant being the first user, the only question being whether the…