Modine Manufacturing Co. v. Allen Group Inc‪.‬

Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark Office, Trademark Trial and Appeals Board, in Opposition No. 76345, refusing registration of OSIs alleged trademarks OCTOCOM alone and with a stylized "O" design for "modems," Serial Numbers 618,049 and 618,030, respectively. On a motion for summary judgment, the board held that OSIs marks so resemble the previously used and registered trademark OCTACOMM for computer programs of Houston Computer Services, Inc., as to be likely to cause confusion, mistake or deception and were, therefore, unregistrable under section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d) (1988). Our jurisdiction rests on 28 U.S.C. § 1295(a) (4) (B). We affirm and grant Houstons motion for sanctions for a frivolous appeal.