Application of Burndy Corporation

RICH, Judge.

This appeal is from the affirmance by the Patent Office Trademark Trial and Appeal Board of the ex parte rejection of appellant’s application to register a trademark on the Principal Register, Ser. No. 60,798, filed October 17, 1958. The ground of rejection is that registration is prohibited by section 2(d) of the Trademark Act of 1946, 15 U.S.C.A. § 1052(d), since appellant’s mark so resembles the mark of prior registration No. 534,100, issued November 28, 1950, as to be likely to cause confusion, mistake, or deception of purchasers, assuming usé of the marks on the goods of…