King-Kup Candies, Inc., Applicant-Appellant v. King Candy Company, Opposer-Appellee

KIRKPATRICK, Judge.

This is an appeal by the applicant, King-Kup Candies, Inc., from the decision of the Trademark Trial and Appeal Board sustaining an opposition to the registration of the trademark, “KingKup.”

The opposer is King Candy Company, registrant of “King’s” and “King’s for American Queens,” and its priority is not disputed.

*945Both parties are manufacturers of candy and the goods in connection with which the marks are used are generally the same.

Neither party has made any point of the slight difference between the words “King” and “King’s” nor of the fact that each of the competing…