Bakers Franchise Corporation v. Royal Crown Cola Co.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 150 USPQ 698, sustaining appellee’s opposition to the registration by appellant of RITE DIET on the Principal Register for “Low Fat Fluid Milk,” application serial No. 163,213, filed February 21, 1963, claiming first use October 23, 1962.

Appellee’s opposition is based on its registration and prior use of DIET-RITE for “Dietetic Soft Drinks and Concentrates for Making the Same.” 1

The sole issue is likelihood of confusion within the meaning of section 2 (d) of the Trademark Act of 1946, as…