Popular Merchandise Company, Inc. v. "21" Club, Inc.

ALMOND, Judge.

Appellant, Popular Merchandise Company, Inc., filed application 1 2 to register the mark “ ‘21’ CLUB” as a service mark on the Principal Register, asserting use of the mark since September 1, 1957. The services- for which registration is sought are described as “operating a retail purchase plan by which the goods of others are sold to members of purchasing clubs.”

Appellee, “21” Club, Inc., filed notice of opposition, 2 alleging prior use of a plurality of marks consisting of or comprising the numeral “21” 3 *or the notations “TWENTY ONE CLUB” 4 or “ ‘21’ CLUB” 5 for a wide…