H. D. T. Company Factors, Inc. v. H. M. Sinclair, Jr., Trustee for the Ohio Partnership, the Sinclair Manufacturing Company

SMITH, Judge

(concurring).

In concurring with the decision of the majority, I do so only for the reason that applicant’s mark “Coral” as used on its household liquid synthetic detergent does not so resemble opposer’s previously registered mark “Blue Coral” as to be likely to cause confusion, mistake or deception of purchasers. The marks do not sound alike or look alike. The mark “Blue Coral” calls forth a mental image and psychological response which is distinct from the imagery and psychological response called forth by applicant’s mark “Coral.”

Since either party may extend its business into products more closely competing than those here before us and since each party is free to change its marketing practices, I do not think it necessary or desirable to base this decision upon a comparison of the goods and the present marketing practice as is done in the majority opinion in partial support of the conclusion there reached.