Pennwalt Corp. v. Center Laboratories, Inc.

BALDWIN, Judge.

This appeal is from a decision of the Trademark Trial and Appeal Board1 (hereinafter TTAB) dismissing appellant’s opposition to appellee’s application to register the mark ALLERSET for an “allergenic extract prescription set used for injection for hyposensitization therapy in the field of allergy.” Appellant asserts that appellee’s mark so resembles appellant’s mark ALLEREST for “medication for relief of sinus passage congestion, allergies and hay fever” as to be likely to cause confusion, mistake, or deception. We reverse.

No dispute arises over appellant being the first user.

Th…