Ralston Purina Company, Appellant/cross-Appellee v. On-Cor Frozen Foods, Inc., Appellee/cross-Appellant

JACK R. MILLER, Circuit Judge.

These are consolidated appeals from the Patent and Trademark Office Trademark Trial and Appeal Board (“board”), opinion reported at 220 USPQ 567 (TTAB 1983). In Docket No. 84-682 Ralston Purina Company (“Ralston”) contests the board’s decision sustaining the opposition of On-Cor Frozen Foods, Inc. (“On-Cor”), to Ralston’s application to register the mark ENCORE for cat food. The board premised its decision on its conclusion that Ralston’s first use of Encore was in connection with “a product other than that which was intended to be identified by the mark used…