Jean Patou, Inc. v. Theon, Inc.

RICH, Circuit Judge.

This appeal is from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) which both sustained and dismissed an opposition to registration of DERMAJOY as a trademark for a single product, the net result of which is that the mark would, presumably, be registered but for this decision. We agree with the TTAB decision and its supporting opinion insofar as it sustained the opposition and reverse it insofar as it dismissed the opposition.

The Facts

Theon, Inc. (applicant) applied to register its trademark DERMAJOY in the PTO,…