The Fleetwood Company v. Sylvia Mende, Assignee of Tint 'N Set, Inc.

MARTIN, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing a petition by appellant for cancellation from the Supplemental Register of “TINT ’N SET” for hair treating compound. 1

Appellant bases its petition on its prior use, 2 for hair coloring shampoo, of “TINTZ,” registered to it for shampoo 3 and for hair rinse, hair coloring, hair color touch-up pencil and cream shampoo 4

Appellant’s only witness was Mildred Crock, employed as a consultant on hair coloring and demonstrator for ten years by appellant’s predecessor, and apparently also employed for a…