King-Kup Candies, Inc., Applicant-Appellant v. King Candy Company, Opposer-Appellee

SMITH, MARTIN, Judges

(dissenting).

The majority opinion and the decision of the board seems to us to give an unwarranted scope to opposer’s registration. We would, therefore, reverse the board and dismiss the opposition. The mark on which the opposition is based is not “King,” as it was treated by the board and as it is treated in the majority opinion. The registration was granted on the possessive form of op-*946poser’s surname “King” written in a particular script.

The board, and the majority in affirming the board, treat the third party registrations as “irrelevant to the question of likelihood…