This is an appeal in a .cancellation proceeding pursuant to the provisions of the Trade-Mark Act of February 20, 1905, now 15 U.S.C.A. § 1051 et seq., from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, 90 USPQ 40, affirming that of the Examiner of Interferences sustaining a petition by appellee to cancel the registration of appellant’s trade-mark “Scheherazade.”
It appears that appellant’s trade-mark was duly registered in the United States Patent Office on August 31, 1948, Registration No. 440,410, as applied to women’s hosiery.
The petition to cancel appellant’s registered mark alleges that on or about the 25th day of June 1944, appellee adopted and commenced to use, and ever since that date has continued to use, the mark “Sheer-as-air” for men’s, ladies’, infants’ and children’s hosiery; that he has built up a large business and good will in connection with his said merchandise and products manufactured and sold under the trade-mark “Sheer-as-air,” and that his said trade-mark constitutes an important and valuable asset of that business; that since June 25, 1944, he has continuously used the name “Sheerazair” as part of the firm name in connection with his business ; and that appellant’s trade-mark “Scheherazade” is confusingly similar to the trade-mark “Sheer-az-air” and the name “Sheerazair,” so that concurrent use of said trade-marks would be likely to cause confusion or mistake in the minds of the public and also deceive purchasers.
Appellee took testimony and many exhibits were introduced. Briefs were filed by both parties and appellant was represented by counsel at the argument before us.
It appears from the record that both parties manufacture and sell hosiery; that appellee has been using its mark “Sheer-as-air,” or “Sheer-az-air,” or “Sheerazair” on its hosiery since about June 1944;1 *892and that appellant has been using its mark “Scheherazade” on its hosiery since about April 1947.
We concur with the examiner’s statement that appellee’s petition for cancellation is predicated upon appellee’s use of the notation “Sheerazair,” reproduced in that form or in the form of “Sheer-azair,” and that appellee’s mark in its essentials consists of the term “Sheerazair.” The examiner was of the opinion that appellant’s mark, which is the name of the mythical relator of the stories of the Arabian Nights, differs radically in significance from the mark of appellee to informed persons. However, he regarded the factor of similarity of sound as more important, and he was of the opinion that the involved marks frequently would be mispronounced in such manner that the difference between them in this respect would amount to but little more than the relatively small differences present between the respective concluding portions of “zade” and “zair.” He held, therefore, that their concurrent use on hosiery would be quite likely to cause confusion or deception of purchasers. The assistant commissioner affirmed the examiner, applying the same reasoning.
Appellant’s mark “Scheherazade” contains five syllables, and appellant’s mark “Sheerazair” has only three; moreover, the spelling of both marks appears to us to be materially different. Hence, we think the marks do not look alike. Further, we are of the opinion that the marks have entirely different significance. It seems clear to us that appellee’s mark indicates a high degree of sheerness, and appellee conceded upon cross-examination that the plain or obvious meaning intended by the mark is that his merchandise is very sheer. On the other hand, as noted in the decisions below, appellant’s mark would indicate to the informed the fictional relator of the stories of the Arabian Nights; to the less informed, the mark would, we. think, at least carry the connotation of something exotic, rather than something very sheer.
This brings us to the question of similarity of sound, since the decisions below holding that there is likelihood of confusion are based primarily on the assumed possibility that appellant’s mark will be so mispronounced that confusion with appellee’s mark is likely. Appellant’s mark is a five syllable word pronounced “Sche her a za de,” with the principal accent on “za” and the secondary accent on “her.” 2 Appellee’s mark is a- three syllable word apparently intended to be pronounced' “sheer as air.” It. seems readily apparent that there must be a considerable mispronunciation of appellant’s mark to produce a confusing resemblance in sound. We are of the opinion that the possibility of such, mispronunciation is too remote for predicating upon it a likelihood of confusion or deception of purchasers, particularly when,, as here, the marks are wholly dissimilar in. connotation and substantially dissimilar in appearance. Turco Products, Inc., v. Tykor Products, Inc., Etc., 187 F.2d 622, 38 C.C.P.A., Patents, 903.
Accordingly, we are of the opinion that concurrent use of the involved marks on hosiery would not be likely to cause confusion or mistake of purchasers.
Both parties have cited many authorities to sustain their contentions. However, prior decisions are of little value in a cancellation proceeding because each case must rest upon its own distinctive facts. Likelihood of confusion from similar marks is largely a matter of opinion. Crown Overall Mfg. Co. v. Desmond’s, 182 F.2d 645, 37 C.C.P.A., Patents, 1118; Lever Brothers Co. v. Geo. A. Hormel & Co., 173 F.2d 903, 36 C.C.P.A., Patents, 995.
Other issues were presented by appellant, for our consideration should this court be of the opinion that the marks are confusingly similar. ’ In view of our holding that *893the marks involved are not confusingly similar, it is not necessary to discuss them.
For the reasons stated, the decision appealed from is reversed.
Reversed.
. There is some question whether appellee has met his burden of proving priority of adoption of his alleged unregistered mark “Sheerazair.” However, *892since we regard the issue of priority not controlling, we will consider his evidence to be sufficient, and an extensive discussion of the facts relating, to priority is therefore unnecessary.
. Webster’s New International Dictionary, 2nd Ed., unabridged, 1949.