Faultless Starch Co. v. Sales Producers Associates, Inc.

MARKEY, Chief Judge.

This is an appeal from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board), 185 USPQ 824 (1975), dismissing appellant's (Faultless’) opposition No. 54,094, filed March 21, 1973, against application serial No. 401,883, filed September 2, 1971, for registration of the mark “FAULTLESS” for canned foods such as vegetables, potatoes and pickles. Appellee (Sales Producers) alleges use since 1891. Faultless owns a plurality of trademarks and trademark registrations1 consisting of or including the term “FAULTLESS” for laundry starches and…