Appellee seeks registration of “Buffagum” as a trademark for “Chewing Gum Containing Analgesics and Antacids” alleging first use on February 26, 1957. Registration is opposed by appellant on the basis of prior use and registration of “Bufferin’’ for “Antacid Aspirin.”
Opposer is concededly the prior user. As described in the application and registration, the goods have the same antacid and analgesic characteristics and are likely to be sold to the same class of purchasers for therapeutic purposes. We are, of course, primarily concerned with the coverage of the competing application and registration rather than with specimen labels which might or might not subsequently vary. General Shoe Corp. v. Lerner Bros. Mfg. Co., Inc., 254 F.2d 154, 45 CCPA 872.
The sole issue is whether concurrent use of the respective marks would be likely to result in confusion, mistake, or deception within the meaning of Section 2(d) of the Lanham Act.2
*757In dismissing the opposition the Trademark Trial and Appeal board stated that:
“ ‘Buffer’ is a word in use in the pharmaceutical trade and is descriptive of the antacid characteristics of the products of opposer and applicant. The similarities which exist between the marks of the parties are due to the inclusion of that word in opposer’s mark and the use of substantially the phonetic equivalent thereof, viz., ‘Buffa’ in applicant’s mark. The marks otherwise differ substantially.
“Considering the nature of the term ‘Buffer’ as applied to the goods of the parties and the differences between the marks, it is concluded that there is no reasonable likelihood of confusion or mistake or deception of purchasers.”
We accept without question the board’s statement that “ ‘Buffer’ is a word in use in the pharmaceutical trade and is descriptive of the antacid characteristics of the products of opposer and applicant.” Doubtless those in the “pharmaceutical trade” would attach the technical meaning to “Buffer,” but we have grave doubts that the average purchaser in what is presumably a mass market would be aware of the technical meaning of that term. Absent such an interpretation, we think it more likely than not that the average purchaser would attach more trademark significance to “Buffer” and “Buffa” than the board seems to have contemplated.
It seems to us that the goods and marks have substantially more, rather than less, in common. As the board points out, both products have the same antacid characteristics. In addition, they are inexpensive, non-prescription items sold over the same counters to mass purchasers. The marks contain the .same number of letters as well as syllables with the first syllable, “Buff” identical to both marks. Although “gum” has no similarity with anything in “Bufferin,” still it is wholly descriptive of the goods to which it is applied, thus has no trademark significance.
While we appreciate the reasoning of the board, we are unable to agree that concurrent use of “Bufferin” and “Buffagum” on the respective goods would not be likely to result in confusion within the meaning of Section 2(d). We think the opposition should have been sustained and must reverse the decision appealed from.
Reversed.
. Sec. 2. Trademarks registrable on the principal register
“No trade-mark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—
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“(d) Consists of or comprises a mark which so resembles a mark registered in the Patent Office or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive purchasers: * * ” 15 U.S.C.A. § 1052(d).