In Re Hyper Shoppes (Ohio), Inc.

RICH, Circuit Judge.

This appeal is from the March 31, 1987, decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board), affirming the final refusal to register two closely related marks, shown below, applications serial Nos. 504,148 and 504,077, both filed October 16,1984, for “retail grocery and general merchandise store services.” We affirm.

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OPINION

The decision in this case is controlled by the provision of section 2(d) of the Trademark Act of 1946 (15 U.S.C. § 1052(d)) forbidding registration if the mark sought to be registered

Consi…