Food Specialty Co. v. Kal Kan Foods, Inc.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (TTAB), 171 U.S.P.Q. 315 (1971), dismissing appellant’s opposition to the registration by appellee *1390of application serial No. 319,771, filed February 24, 1969, claiming first use in January 1968, of -the following mark for canned cat food:

The basis of appellant’s opposition is solely its ownership and registration of the trademark “KITTY” for cat food, Reg. No. 702,658, issued August 9, I960.1 Heavy reliance is also placed on two pri- or decisions of this court involving the same registration,…