American Home Products Corp. v. B. F. Ascher & Co.

MARKEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 166 USPQ 61 (1970), dismissing appellant’s oppositions to the registration of appellee’s marks AYR Tab 1 and AYR, ASCHER 2 for preparations for use as a bronchodilator on the ground that these marks “so resemble” appellant’s registered mark AYERST 3 for various medicinal and pharmaceutical preparations, including two products for the treatment of bronchial ailments, “as to be likely, when applied to the goods * * * , to *904cause confusion, or to cause mistake, or to deceive.” Lanham Act, § 2(d), 15 U.…