Roman Meal Company v. Roman Crest Foods, Inc.

SMITH, Judge.

Opposer-appellant appealed from the decision of the Trademark Trial and Appeal Board (128 USPQ 203), which dismissed the opposition instituted by appellant against appellee’s application for registration Ser. No. 47,284, filed *927March 7, 1958 for a composite mark consisting of the name “Roman Crest” in association with the representation of a head of a Roman soldier. The opposition was based upon opposer’s prior registrations 1 of marks in which the words “Roman” and “Roman Meal” are used either alone or with a pictorial representation of a Roman soldier.

The marks of the respective…