United States Court of Customs and Patent Appeals

“ Appellant has argued before us that its mark is more than mere words and that cosmetics are selected visually as much as being asked for by words. We agree. Both designs and words produce visual impressions when goods are being selected. However, we conclude that appellant's mark for suntan cream, considered in its entirety, when compared with appellee's prior use of the term "HOLIDAY" in connection with its sales of skin creams, would be likely to cause confusion, or to cause mistake, or to deceive. ”

“ This appeal is from the decision of the Trademark Trial and Appeal Board, reported at 167 USPQ 118 (1970) , sustaining appellee's opposition to appellant's application to register HOLIDAY TAN with a background design for suntan cream. In its application, appellant disclaimed the work TAN apart from the entire mark. The opposer relied on its prior trademark use of the word HOLIDAY on its lines of cosmetics, toilet preparations, and skin creams. Both sides took testimony. The board concluded that there was no real distinction between the trade channels for the respective goods. ”

“ The board found that when considered in their entireties, applicant's mark so resembles opposer's HOLIDAY that there would be a likelihood of confusion or mistake. The board adhered to its decision on reconsideration. We affirm. ”