Colgate-Palmolive Company v. Carter-Wallace, Inc., by Change of Name From Carter Products Inc.

ALMOND, Judge.

This is an appeal1 from the decision of the Trademark Trial and Appeal Board, abstracted at 155 USPQ 759, dismissing an opposition by Colgate-Palmolive Company, appellant, registrant of the mark “PEAK” for a dentifrice,2 against an application filed by Carter-Wallace, Inc., appellee, to register “PEAK PERIOD” for personal deodorants, asserting use since February 18, 1965. The issue was framed below solely on the basis of the application and the notice of opposition as neither party took testimony. Inasmuch as appellant’s registration was issued prior to the filing date of…