Compagnie Francaise de Produits Chimiques et Industriels du Sud-Est v. Gaf Corp.

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board sustaining the opposition of appellee to registration of HELIANE by appellant for “vat dyes utilized in dyeing of fabrics.” Appellee relied on its prior registrations and use of HELIO 1 for dyes and dyestuffs and HELIOGEN 2 for pigment dyestuffs. We affirm.

OPINION

The goods are substantially identical and are sold in overlapping channels. Though appellant’s brief emphasizes use of appellee’s dyes in “plastics, paints and inks,” the testimony of record establishes use on fabrics and for inking…