The Chun King Corporation v. Genii Plant Line, Inc.

ALMOND, Judge.

The Chun King Corporation appeals from the decision of the Trademark Trial and Appeal Board, 150 USPQ 705, granting cancellation of its registration of “LIVING EARTH” for packaged compost-enriched soil, 1 and registration of the same mark in association with certain merely ancillary design matter for similar goods. 2 The petitioner-ap pellee, Genii Plant Line, Inc., alleged that it had continuously used the mark LIVING EARTH for planter mixes and soil conditioners since prior to appellant’s first use thereof, and that by reason of such use, its rights in the mark are superior to…