Paula Payne Products Co. v. Johnson Publishing Co.

LANE,-Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, abstracted at 166 USPQ 512 (1970), dismissing an opposition lodged by appellant, registrant1 of SPRAY ’N STAY for “hair spray,” to the registration 2 of SPRAY ‘N’ GLOW for “hair conditioner or hair brightener spray.” Both parties took testimony and introduced exhibits into evidence. The board concluded from the record that:

[T]he goods of the parties, although differing specifically, comprise spray type hair preparations such as a single producer might well be expected to make, and to sell through the same…