Schenley Industries, Inc. v. Fournier, Inc.

MARTIN, Judge.

This appeal is from a decision of the Trademark Trial and Appeal Board, 142 USPQ 391, dismissing an opposition1 brought by appellant, Schenley Industries,, Inc., (Schenley) to an application2 filed by appellee, Fournier, Inc., (Fournier) to register a composite mark consisting of the words “TWO FEATHERS” in association with a design:

Registration is sought for use with pickled, brandied, spiced and preserved fruits, fruit preserves, fruit butter and toppings made of fruit, nuts and flavorings; first use as of August 31, 1960 is alleged.

Opposer Schenley is owner of registration…