KIRKPATRICK, Judge.
This is an appeal by Avedis Zildjian Co. from the decision of the Trademark Trial and Appeal Board1 affirming the examiner’s decision, refusing registration of the trademark A. ZILDJIAN & [861] CIE. with designs and lettering as appears below:
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KIRKPATRICK, Judge.
This is an appeal by Avedis Zildjian Co. from the decision of the Trademark Trial and Appeal Board1 affirming the examiner’s decision, refusing registration of the trademark A. ZILDJIAN & [861] CIE. with designs and lettering as appears below:
The mark sought is for cymbals and was refused registration by the examiner and the board on the ground of likelihood of confusion with two registrations held by the Fred Gretsch Manufacturing Co. for the same goods: ZILD-JIAN (No. 245,846) and K. ZILDJIAN CO. with designs and lettering as appear below:
Appellant and the Fred Gretsch Manufacturing Co., hereafter designated Gretsch, have sold domestic made cymbals and foreign made cymbals respectively since about 1928.
On September 19, 1929, in an action between appellant and Gretsch a consent decree2 was entered which provided, inter alia, that (1) Gretsch was the owner of all three marks noted above, (2) the appellant could use the surname Zildjian on cymbals provided it was always preceded by the full first name of any Zild-jian associated with the appellant and the words “made in U.S.A.” were prominently stamped on the cymbals, (3) the appellant would not use the name “A. Zildjian & Co.” or “K. Zildjian & Co.”, and (4) in the event any of the three registrations were cancelled, then the appellant could use any of the names or designs so registered. This consent decree is still in force.
Appellant has hitherto sought to cancel registrations of all three of those marks owned by Gretsch but has succeeded only in having cancelled (due to abandonment) the registration of the mark which, with a minor modification, is sought to be registered here. 97 USPQ 41 (Patent Office Examiner-in-Chief 1953); 147 F.Supp. 614 (E.D.N.Y.1956); 251 F.2d 530 (2d Cir. 1958).
An application by appellant to register the cancelled mark was similarly rejected by the Trademark Trial and Appeal Board in 1959 on the ground of likelihood of confusion. In re Avedis Zildjian Co., 120 USPQ 493 (TT&AB 1959). Appellant contends, however, that the law has changed since that rejection, citing In re National Distillers and Chemical Corp. (MERITO) 297 F.2d 941, 49 CCPA 854 (1962), and In re Electro-Vox, Inc., 134 USPQ 463 (TT&AB 1962). It is appellant’s contention that these cases stand for the proposition that consent of a registrant arising from a consent decree demonstrates that there is no likelihood of confusion.
[862] We think, however, that the following3 is an accurate summary of this court’s views as expressed in former opinions.
However, the interests of the public may not be ignored; and when it appears that the goods are so nearly related that their sale under identical trade marks would be likely to confuse the public or to deceive purchasers, registration must be denied notwithstanding the owner’s consent.
See also In re Wilson Jones Company, 337 F.2d 670, 52 CCPA 805, in which this court pointed out the difference in the effect of a consent to register and a consent to use.
We agree with the above statement and also with the finding of the board that there is no reasonable doubt that the mark sought to be registered is likely to cause confusion. It follows that the decision of the board will be affirmed.
Affirmed.