Fort Howard Paper Company v. Gulf States Paper Corporation

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 146 USPQ 593, dismissing appellant’s opposition to appellee’s application to register the trademark “E-Z NAPS,” serial No. 149,844; filed July 26, 1962, for facial tissue, toilet tissue, paper napkins, and paper towels.

The sole issue is likelihood of confusion, mistake, or deception within the meaning of section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d). Opposer is the prior user and owner of registrations of “handinap” and “HANDINAPS,” Reg. Nos. 616,224 and 616,225 of Nov. 15, 1955, for…