The opinion
MARTIN, Judge, with whom KIRKPATRICK, Senior District Judge, joins (dissenting):
The goods of the parties overlap. The spelling and appearance of the marks are highly similar, and the sound even more so. When the marks are considered, each in its entirety and removed in time and distant in place, it is clear to me that their concurrent use would be likely to cause confusion, mistake, or to deceive. This is particularly true since the marks can be used in speech. Appellant has not persuaded me of clear error in the board’s decision, and thus I would affirm.