Wells Fargo & Company v. Stagecoach Properties, Inc.

We decide that the district court’s affirm-ance of the Trademark Trial and Appeal Board’s denial of appellant’s registration was proper.

FACTS

In 1974, Wells Fargo & Company WF), sought registration of the two symbols used to promote its employee restaurant services:

Stagecoach Properties, Inc. (hereinafter SP), opposed these applications, claiming prior use of the stagecoach symbol, from October 1960, for motel and restaurant services. The mark consisted of the words “Stagecoach Inn, Salado, Texas” and a of a Western style stagecoach pulled by a team of four horses. The words “Wells Fargo Lines” appeared in small print on the side of the

The Patent and Trademark Office granted SP a service mark registration for “STAGECOACH INN” in 1968.

WF in response claimed first use of the stagecoach symbol in 1918 to promote its employee lunchrooms.

With an extensive recital of the history underlying both parties’ claims to the mark, the Trademark Trial and Appeal Board (hereinafter Board) denied the registration. See Stagecoach Properties, Inc. v. Wells Fargo & Co., 199 U.S.P.Q. 341 (TTAB 1978)

Dissatisfied with this result, WF sued SP in district court. Count I of its complaint…