Elizabeth Arden Sales Corporation v. Faberge, Inc.

SMITH, Judge.

Appellant-applicant has appealed the decision of the Trademark Trial and Appeal Board which sustained appellee-op-poser’s opposition to the application for registration of the mark “CREME EX-TRORDINAIRE” 1 for a “Creamy Emulsion for use as a Cosmetic Face Cream.” 129 USPQ 237. October 11th, 1957 is stated in the application as the date of first use in interstate commerce by applicant. The opposition is predicated upon opposer’s use of the word “EXTRAORDINAIRE,” on a range of cosmetic products which include inter alia, perfumes, colognes, bath products, aftershave products, and…