Triangle Pacific Corp., Appellant, v. S.c. Johnson & Son, Inc., Appellee, 835 F.2d 871 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 835 F.2d 871 (Fed. Cir. 1987) Nov. 20, 1987

Before RICH and DAVIS, Circuit Judges, and NICHOLS, Senior Circuit Judge.


PER CURIAM

DECISION

This appeal is from the January 30, 1987, decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (board) sustaining the opposition of S.C. Johnson & Son, Inc. (Johnson), to the registration of LITE 'N BRITE on the Principal Register as a trademark for floor wax, application serial No. 416,076 filed March 7, 1983. We affirm.

OPINION

Johnson opposed on the basis of its registered trademark BRITE for floor wax, registration No. 692,621 granted February 9, 1960, renewed in 1980, opposition being predicated on Sec. 2(d) of the Trademark Act, 15 USC 1052(d), on the ground of likelihood of confusion. After full consideration of the facts of record and the arguments of the parties, we agree with the board opinion that there would be likelihood of confusion within the meaning of Sec. 2(d). In contemplation of law, the goods must be considered identical since they are identically described in the application and in Johnson's registration. Since appellant's mark totally includes Johnson's, we think that the difference is insufficient to preclude a reasonable possibility that the products of the parties would be thought by prospective purchasers to have the same source.