The Seven-Up Company v. Tropicana Products, Inc

KIRKPATRICK, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing an opposition to Tropicana Products, Inc.’s application to register the mark “SUN-UP” for orange concentrate used in the preparation of uncarbonated orange drink. The product is sold mainly to dairies and distributed through dairy route men to householders *568and grocery stores. The opposer is the Seven-Up Company, the ground of opposition being that the appellee’s mark “SUN-UP” so resembles “SEVEN-UP” and “7-UP”, the opposer’s trademarks for a carbonated beverage having a lemon-lime flavor,…