Bristol-Myers Company v. Pharmaco, Inc.

This dissent is based on my opinion that there is not such similarity between the marks “Bufferin” and “Buffagum” as to be likely to cause confusion or mistake or deception of purchasers. Similarity is found in the identical initial syllables of the marks. I agree with the Trademark Trial and Appeal Board that such similarity does not warrant sustaining the opposition where the marks are otherwise so different.

In addition to the differences in the names, the goods are specifically different. “Bufferin” is a medicinal tablet and “Buffagum” is a medicinal chewing gum. Opposer’s registration…