In re Ferrero

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, abstracted at 168 USPQ 448 (1970), affirming the examiner’s refusal to allow appellant’s application serial No. 332,592, filed July 15, 1969, to register the word mark “TIC TAC” for “Candy,” because of likelihood of confusion with the prior registered word mark “TIC TAC TOE,” registration No. 809,357, issued May 31, 1966, for “ice cream and sherbet.” The application is based on an Italian registration. The statutory basis for the examiner’s refusal to register and the board’s affirmation was likelihood of…