Rexall Drug Company v. Manhattan Drug Company

WORLEY, Chief Judge

(dissenting).

I agree with the following statement of the Trademark Trial and Appeal Board:

■ The goods on which “Asmatab” and “Asma-Kets” are used are similar in form and composition and are adapted for sale without prescription for the treatment of the same commonplace complaints. As applied to such products, the similarities between these marks are believed to be such that confusion or mistake or deception of purchasers is quite likely to occur.

I would affirm.