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Full Opinion
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.
Background
Seven marks are involved in the present controversy. Appellant, Weiner King, Inc., a New Jersey corporation (hereinafter “Weiner King”), seeks to cancel the registrations belonging to appellee, The Wiener King Corporation, a North Carolina corporation (hereinafter “WKNC”), which are reproduced below:
WKNC seeks to register the following two marks as a concurrent user. It claimed in its application the right to use the marks in the entire United States except for the County of Hunterdon and counties contiguous to Hunterdon County in the State of New Jersey.
In disposing of the action below, the TTAB made a recommendation that two applications for registration made by Weiner King be refused registration until territorially restricted to comply with the decision of the TTAB. These marks are:
