In Re Mars, Incorporated

RICH, Circuit Judge.

This appeal is from the November 30, 1983, decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the ex parte rejection of appellant’s application, Ser. No. 202,876, to register the work- mark CANYON for “candy bars.” We reverse.

OPINION

The sole ground of refusal to register rests on section 2(d) of the Lanham Act (15 U.S.C. § 1052(d)). The PTO position is that there would be “likelihood of confusion between applicant’s mark and Reg. No. 254,-768 for the mark ‘CANYON’ for fresh citrus fruits — namely, oranges,…