Libbey-Owens-Ford Glass Company v. Thermoproof Glass Company

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 147 USPQ 109, dismissing the opposition of appellant, since at least 1934 the owner and registrant 1 of the trademark THERMOPANE for various kinds of glass and glazing units including multiple glass sheet thermal glazing units, to the registration on the Principal Register of Therm-O-Proof (in somewhat distinctive script-form type) for “insulating glass,” application serial No. 140,402, filed March 21, 1962, claiming first use February 22, 1962.

The board found, on the basis of voluminous…