The opinion
*896 SMITH, Judge
(dissenting).
The dissenting member of the board reasoned as follows, 145 USPQ 504 , 506:
* * * I cannot agree with the majority opinion that applicant’s mark will suggest to purchasers of disposable dishes and cups that applicant’s goods originate from the same source as the goods of opposer. In this regard, the term “CHINA”, which is the only element that the marks “CHINA-FOAM” and “CHINA-COTE” possess in common, is obviously intended to be suggestive of the fact that the respective goods of the parties bear some resemblance to china either as to finish or as to hardness. While the third-party registrations do not, for the most part, read on the specific goods of the parties, I believe that they are sufficient to establish that the word “CHINA”, or equivalents thereof, have been frequently adopted by others to indicate some connection or resemblance to porcelain or chinaware.
It is my opinion that the respective marks would merely suggest different qualities or characteristics of the respective products rather than bestow any suggestion that they originate from a common source. * * *
I agree. I would not, by invoking the rule of doubt in favor of the first user, give to appellee-opposer’s mark the breadth of protection necessary to sustain the opposition. The record fails, in my opinion, to establish a likelihood of confusion between the respective marks.