National Distillers & Chemical Corp. v. William Grant & Sons, Inc.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 180 USPQ 342 (1973), sustaining appellee’s opposition to the registration of DUET as a trademark for prepared alcoholic cocktails, application serial No. 333,597 filed July 25, 1969, claiming first use July 11, 1969. Incidental to this appeal on the merits, appeal was simultaneously taken from a much earlier decision of the board of March 20, 1972, abstracted at 173 USPQ 813, granting a motion to dismiss a counterclaim filed by the applicant to cancel the registration relied on by the opposer.…