Vita-Var Corporation v. Galvicon Corporation

WORLEY, Chief Judge

(dissenting).

In my opinion “Galvicon” and “Galva-num” are so similar in sound, appearance, and meaning that their concurrent use on the goods of the respective parties, which are substantially identical, would be quite likely to lead to confusion. In view of that fact, and of the well-settled rule that doubts as to registrability should be resolved against the newcomer, I am of the opinion that appellant’s opposition should have been sustained and that the decision appealed from should be reversed.