The Coca-Cola Company v. William C. Clay, Jr.

SMITH, Judge.

The determinative issue presented by this appeal is whether appellee’s registered mark “Cup-O’-Cola,”1 when used on “cola flavored soft drink concentrate powders,” so resembles appellant’s registered marks “Coca-Cola” 2 and “Coke,” 3 for “beverages and syrups for the manufacture of such beverages,” as to be likely to cause confusion or mistake or to deceive purchasers. The Trademark Trial and Appeal Board, in dismissing appellant’s position to cancel appellee’s mark from the Supplemental Register, summarized the historical positions of *199the marks in controversy and stated the…