Shawnee Milling Company v. Sidney Wanzer & Sons, Inc., D.B.A. Wanzer's

ALMOND, Judge.

Sidney Wanzer & Sons, trading as Wanzer’s (appellee), filed application to register “SILVER SPOON” for ice cream, 1 alleging use since May 22, 1963. Shawnee Milling Company (appellant) filed notice of opposition alleging use and registration of “SILVER SPOON” for wheat flour 2 and asserting that the marketing of ice cream and wheat flour under the identical mark is likely to cause confusion, mistake or deception in trade within the purview of section 2(d) of the Trademark Act of 1946.

The record discloses the testimony of two witnesses on behalf of appellee. The appellant took no…