Cardinal Homes, Inc., Appellant, v. Cardinal Industries, Inc., Appellee, 878 F.2d 1444 (Fed. Cir. 1989)

The decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (board) of September 26, 1988, sustaining opposition No. 72,393 of Cardinal Industries, Inc., to the registration on the Principal Register of "CARDINAL HOMES, INC." for "Prefabricated Modular Housing Construction Services," application Ser. No. 509, 733, is affirmed for the reasons stated in the well-reasoned opinion of the board supporting its decision. For the reasons it stated, the board held that there would be likelihood of confusion within the meaning of Section 2(d) of the Lanham Act, 15 USC 1052(d). We agree. We find that the board gave adequate consideration to third party uses of "Cardinal," contrary to one of appellant's principal contentions.