Goodall-Sanford, Inc. v. Tropical Garment Manufacturing Co.

SMITH, Judge.

This appeal is from the decision of the Assistant Commissioner of Patents sustaining the dismissal of a trademark opposition involving appellant's mark “Palm Beach” and appellee’s mark “Royal Palm.”

Appellant’s mark is used on textile fabrics from which wearing apparel is made and is also used on wearing apparel made from such fabrics. Appellee’s mark is used on work shirts, dress shirts, sport shirts, slacks and underwear made of textile or knit materials.

We agree with the decision of the Assistant Commissioner that “the apparel made by opposer’s authorized users and that…