W. E. BASSETT COMPANY v. SCHOLL MFG. CO.

Patent Appeal No. 7873.

388 F.2d 1014 (1968)

The W. E. BASSETT COMPANY, Appellant, v. The SCHOLL MFG. CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

January 11, 1968.


Attorney(s) appearing for the Case

Hopgood & Calimafde, New York City (Roy C. Hopgood, Paul H. Blaustein, New York City, of counsel), for appellant.

Hill, Sherman, Meroni, Gross & Simpson, Carlton Hill, Max R. Chambers, Chicago, Ill., for appellee.

Before WORLEY, Chief Judge, RICH, SMITH and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.


ALMOND, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board1 sustaining an opposition brought by The Scholl Mfg. Co., Inc. (Scholl) against the registration of the trademark "CHIROPEDIC" for Toenail Clippers, filed by The W. E. Bassett Company (Bassett), asserting use since April 1954.

Scholl is the registrant of KIROPEDIC for arch supports,2 and of KIRO for pads, plasters...

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