King Candy Co. v. Eunice King's Kitchen, Inc.

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 121 (1973), dismissing the opposition of appellant to the registration by appellee of MISS KING’S used on cakes, canned specialty cakes and fruit cakes since August 1, 1948.1 Appellant *1401relied on its existing registrations of KING’S 2 and KATHRYN KING’S,3 used on candy.

We affirm.

The record consists of the pleadings; appellant’s pleaded registrations; appellee’s application file; stipulated evidence on behalf of appellee establishing its 1948 date of first use, the growth in sales to the…