Frederick Gash, Inc. v. Mayo Clinic

Lane, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 162 TJSPQ 263 (1969), sustaining an opposition to the registration1 of “mayo 7,” stylized as shown below, for “imitation, low calorie mayonnaise.” Our review of the record and arguments in this case convinces us that the board committed reversible error, and we accordingly reverse its decision.

The Mayo Clinic is a voluntary association of individuals engaged in the group practice of medicine at Rochester, Minnesota. Its fame admittedly extends world-wide. The Mayo Foundation is asserted to be an eleemosynary…