Kristinus Gesellschaft, Mit Beschrankter Haftung v. Murray, Sons & Co., Limited

KIRKPATRICK, Judge.

This is an appeal from the d~~cision of the Trademark Trial and Appeal Board sustaining an opposition by Murray, Sons & Co. to Kristinus Gesellschaft's application 1 to register the following trademark, based on its German registration, for use on cigarettes:

Appellee’s opposition is based on prior use and registration of the mark “PEERAGE” 2 for smoking tobacco and cigarettes.

In sustaining the opposition, the board noted that the design portion of the appellant’s mark and certain royal insignia of the British Government are strikingly similar. The board stated:

Opposer’s…