National Biscuit Company v. Princeton Mining Company, Inc.

WORLEY, Chief Judge.

Princeton Mining seeks registration for “PREMIUM POP,” disclaiming the word “POP,” for use on raw popcorn, alleging use since 1956.

National Biscuit opposes on the ground that appellant’s mark so resembles op-poser’s previously registered marks of “PREMIUM” 1 on biscuits and crackers as to likely cause confusion or mistake or deceive purchasers.

The Trademark Trial and Appeal Board, one member dissenting, found no confusion likely and dismissed the opposition.

In asking us to reverse that action appellant relies, inter alia, on prior decisions of this and other courts; the…