Loma Linda Food Co. v. Thompson & Taylor Spice Co.

Acting upon the petition of the appellee, Thomson & Taylor Spice Co., owner of the unregistered trademark “Breakfast Cup” for coffee, the Examiner of Interferences recommended the cancellation of the registration of the trademark “BREAKFAST CUP For all the family,” issued to the appellant’s predecessor, Loma Linda Food Company, for a coffee substitute. The Assistant Commissioner affirmed the examiner’s action in granting the petition to cancel and this appeal by the registrant followed.

Although the products sold under the respective trademarks are different, being in the one case coffee and…