McCulloch Gas Processing Corp. v. Canadian Hidrogas Resources, Ltd.

MILLER, Judge.

This appeal is from a decision of the Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (“board”), 193 USPQ 238 (1976), granting summary judgment to applicant-appellee Litronix, Inc. (“Litronix”) and dismissing the opposition by opposer-appellant Litton Industries, Inc. (“Litton”). In reaching its decision, the board applied the doctrine of collateral estoppel on the basis of previous litigation between the parties.1 We reverse and remand.

Background

In 1971 Litronix filed an application to register the mark LITRONIX for “optoelectronic semiconductor devices,…