Spice Islands, Inc. v. Frank Tea & Spice Co.

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board 1 dismissing an opposition to appellee’s application 2 to register SPICE TREE and tree design for garlic powder and minced onion and denying a petition to cancel appellee’s registration3 SPICE TREE per se for the same goods. Appellant asserts that appellee’s marks so resemble appellant’s mark SPICE ISLANDS,4 either alone or with various tree designs, or with its registered tree design5 for seasoning herbs and spices as to be likely to cause confusion, mistake, or deception. We reverse.

IsTo dispute arises…