No testimony was taken by either party, so our evaluation, as were the evaluations in the decisions below, must be based essentially on what we find in the opposed application and in opposer's registrations.Īppellee's mark is a composite mark consisting of the letter "J" enclosed in an eight pointed border design. Our evaluation of the marks here in issue agrees with the detailed evaluation of the respective marks as set forth in the Commissioner's decision. Each case must rest upon its own distinctive fact situation. In making such a subjective evaluation, prior decisions are of little value.
Leeds, "Trademarks - The Rationale of Registrability," 26 George Washington Law Review, 653, 660.
This evaluation is subjective and requires, among other things, a consideration of the probable psychological reactions of potential purchasers to the respective marks. The determination of this issue requires that we evaluate the marks for the purpose of determining their probably impact upon potential purchasers as the marks would be encountered on the products of the respective parties in their usual markets. 657,612, when applied to its goods, so nearly resemble any or all of appellant's registered trademarks as to be likely to cause confusion or mistake or to deceive purchasers as to the source or origin of the goods to which it is applied? The principal issue here, which is determinative of all the issues raised by appellant's notice of appeal is: Does appellee's mark shown in its opposed application, serial No. The mark sought to be registered by appellee, for watches and clocks and parts thereof, consists of the letter "J" surrounded by an eight-pointed border as shown in the following facsimile:Īppellant bases the opposition upon four registered marks used by it on "watch cases." The marks are shown in the following facsimiles: The Commissioner of Patents, acting through the Examiner-in-Chief, affirmed the decision of the Examiner of Interferences which dismissed the present trademark opposition instituted by appellant Star Watch Case Company.
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