Mercoid Corporation v. Airborne Instruments Laboratory, Inc. (Cutler-Hammer, Inc., Assignee, Substituted)

SMITH, Judge.

Appellee-applicant applied to register, on the Principal Register, the mark MICROtrol for “electrical gauging and control apparatus for machine tools.” 1 The application alleges first use of the mark in October 1955.

Appellant-opposer opposed the registration on the grounds of likelihood of purchaser confusion or deception as to the source or origin of the goods, citing its three registered marks: (1) MERCOID 2 for “Limiting, signalling and safety devices — namely, light actuated flame detectors and mercury contact devices, temperature actuated flame detectors, barometrically…