Librascope, Incorporated (Now by Merger Librascope Division General Precision, Inc.) v. Libraphone, Inc.

SMITH, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board, 131 U.S.P.Q. 76, which dismissed appellant’s opposition to appellee’s application 1 for registration of the mark “Libraphone” in association with a design showing a row of books and the horn portion of a speaker. The mark is used on “grooved phonograph records.” Op-poser-appellant, the prior user, asserted in its Notice of Opposition that the mark sought to be registered is confusingly similar to its registered trademark “LIBRASCOPE.” 2

The record consists of stipulated testimony which the Trademark Trial…