Vita-Var Corporation v. Galvicon Corporation

SMITH, Judge.

Appellant’s petition to cancel registration No. 624,348 issued to appellee on its mark “Galvieon” on April 3, 1956, for “Galvanizing and Rust-Resistant Paints and Solvents for Metals,” was dismissed by the Trademark Trial and Appeal Board (120 USPQ 505). This appeal from the dismissal of the petition raises the issue as to whether under the provisions of Section 2 of the Lanham Act (15 U.S.C.A. § 1052), the mark “Gal-vieon” so resembles appellant’s registered mark “Galvanum” as to be likely, when applied to the goods of appellee, to cause confusion or mistake or to deceive…