Coca-cola Co. v. Seven-up Co.

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 178 USPQ 309 (1973), adhered to on reconsideration, dismissing the opposition of appellant to the registration by appellee of THE UNCOLA 1 for soft drinks. Appellant relied, inter alia, on registrations of its well-known mark COCA-COLA.2 We affirm.

The opinion of the board sets out the massive volume of use and advertising of COCA-COLA and THE UNCOLA. No question of priority of use is involved, appellant having begun use of its mark more than three-quarters of a century prior to appellee’s first…