Patent Appeal No. 6796.

302 F.2d 765 (1962)

ARNOLD, SCHWINN & CO., Opposer-Appellant, v. EVANS PRODUCTS COMPANY, Applicant-Appellee.

United States Court of Customs and Patent Appeals.

May 18, 1962.

Attorney(s) appearing for the Case

Horton, Davis & McCaleb, Marshall W. Sutker and L. W. Brugman, Chicago, Ill. (James A. Davis, Chicago, Ill., of counsel), for appellant.

Harness, Dickey & Pierce, Robert L. Boynton and Neal A. Waldrop, Detroit, Mich., for appellee.

Before RICH, Acting Chief Judge, MARTIN and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.


This is an appeal from the decision of the Trademark Trial and Appeal Board of the United States Patent Office, 128 USPQ 10, dismissing an opposition by the appellant to the appellee's application serial No. 39,208, filed October 21, 1957, for registration, for wheeled toys, namely, tricycles and trailers, of the following mark:

The opposition is predicated on the appellant's prior registration and use, for bicycles, of the trademark...

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