California Piece Dye Works v. California Hand Prints, Inc.

This is an appeal from the decision of the Commissioner of Patents, 65 USPQ 436, affirming the action of the Examiner of Trade-Mark Interferences in sustaining appellee’s petition for the cancellation of appellant’s trade-mark “Color-fornia” on the ground that the mark is confusingly similar to “California Hand Prints” used as a trademark by appellee for table cloths, luncheon sets, towels, drapery and upholstery fabrics in. the piece.

It is not disputed that the goods to which the respective trade-marks are applied are identical in part and all of the same descriptive properties.

Appellee in…