New England Fish Co. v. Hervin Co.

BALDWIN, Judge.

New England Fish Company, owner1 of the mark KITTY for cat food,2 appeals from the decision of the Trademark Trial and Appeal Board,3 dismissing its opposition to an application4 by The Hervin Company, to register the following mark for cat food:

Since there is no dispute that appellant is prior in use and that the goods of the parties are substantially the same, the sole issue is- whether BLUE MOUNTAIN KITTY O’S so resembles KITTY that concurrent use of the marks on the goods is likely to cause confusion, or mistake, or to deceive. 15 U.S.C. § 1052(d).

Appellant asserts that 15…