Tri-Valley Growers, Assignee of Orrell's Food Products, Inc. v. Maple Island, Inc.

RICH, Acting Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, sustaining an opposition by appellee to the registration of the word BOUNCE as a trademark for “A fountain syrup for making soft drinks.”

The opposition is based on appellee’s Principal Register registration No. 535,-458, Dec. 26, 1950, of the same word as a trademark for “Chocolate Malt Flavored Milk.”

Since the applicant’s claimed date of first use is March 13, 1960, opposer is prior.

Though appellant raises the point that the goods of the parties are different, it is not seriously pressed in…