Jack Poust & Co. v. Gross

Baldwin, Judge.

*1069This appeal is from the decision of the Trademark Trial and Appeal Board1 dismissing an opposition to appellee’s application2 to register CHERRY JUBILEE, the word CHERRY being disclaimed, for wine. Appellant asserts that appellee’s mark so resembles CHERRY JULEP, nsed and registered3 by appellant prior to appellee’s asserted first use, and CHERRY JUBILEE, allegedly used by appellant’s predecessor since a date prior to appellant’s asserted date of first use, both used for wine, as to be likely to cause confusion or to cause mistake or to deceptively cause purchasers to believe…