James Alfred Martin v. Crown Zellerbach Corporation

RICH, Acting Chief Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, sustaining the opposition of Crown Zellerbach Corporation to the registration by James Alfred Martin, doing business as Silko New Improved Products Company, of the composite mark “Silko ‘Soft-as-silk’ and red design,” for toilet tissue. The mark is illustrated in the board’s opinion, fully reported at 153 U.S.P.Q. 141, knowledge of which is assumed. Appellee’s registrations include No. 254, 779, April 2, 1929, of “SILK” for toilet paper; No. 385,-382, February 25, 1941, of “Silk”…