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WEINER KING, INC. v. WIENER KING CORP.

Appeal No. 79-575.

615 F.2d 512 (1980)

WEINER KING, INC., Appellant, v. The WIENER KING CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 17, 1980.

Attorney(s) appearing for the Case

R. Gale Rhodes, Jr., Jeffrey L. Miller, Newark, N. J., attorneys of record for appellant.

Floyd A. Gibson, Charlotte, N. C., attorney of record for appellee; James D. Myers, Charlotte, N. C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and NEWMAN, Judge.

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB), Weiner King, Inc. v. The Wiener King Corporation, 201 USPQ 894 (TTAB 1979), which determined the right to register the marks of the parties in this consolidated cancellation and concurrent use proceeding.1 We modify.

Background

Seven marks are involved in the present controversy...

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