Food Specialty Co., Inc. v. Standard Products Company, Inc.

RICH, Judge.

This appeal is from a decision of the Patent Office Trademark Trial and Appeal Board, 151 USPQ 649 (1966), dismissing appellant’s opposition to appel-lee’s registration on the Principal Register of “Pretty Kitty” for cat food, application serial No. 148,668, filed July 9, 1962, claiming first use June 6, 1962. Appellant’s opposition is based on its registration 1 and prior use of “Kitty” also for cat food.

The only issue before us is whether “Pretty Kitty” so resembles “Kitty,” as to be likely, when both marks are applied to cat food, to cause confusion or mistake or to deceive…