Stating that trade dress associated with the mark of the opposed registration was irrelevant in distinguishing the mark because "such dress might well be changed at any time; only the word mark itself is to be registered"
Stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed
Holding that "little weight is to be given [to third-party] registrations in evaluating whether there is likelihood of confusion" because "[t]he existence of these registrations is not evidence of what happens in the market place or that customers are familiar with them"
15 U.S.C. § 1052 Cited 1,608 times 274 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"