DeCosta v. Columbia Broadcasting System, Inc.

MILLER, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board (abstracted at 176 USPQ 498 (1972)) granting opposer-appellee's motion for summary judgment and denying applicant-appellant’s cross-motion for summary judgment, with the result that the opposition was sustained and the registration refused.1 We reverse and remand.

The decision of the board was premised on estoppel of applicant-appellant from seeking to register the service mark here involved (shown below), because he had previously sought to register such mark for essentially identical services2 and had…