Cosmetically Yours, Inc. v. Clairol Incorporated

ROSENSTEIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board 1 sustaining an opposition by Clairol Incorporated to the application* by Cosmetically Yours, Inc. to register the words “Look Alive” as a trademark for “lipstick”. We affirm.

Clairol’s opposition is predicated on its ownership of the registered marks “Come Alive”, 2 3 “Come Alive Gray”, 4 “Come Alive Blonde”, 5 “Come Alive Brown” 6 and “Come Alive Red” 7 for hair tinting and coloring preparations. Clairol contends that it would be damaged if “Look Alive” were registered for lipsticks because that mark…