Tiffany & Co. v. Columbia Industries, Inc.

Lane, Judge.

This is an appeal from, the decision of the Trademark Trial and Appeal Board1 dismissing the opposition on the ground that op-poser had neither taken testimony nor offered evidence 'and had therefore failed to prove its case. We reverse and remand the case for further proceedings consistent herewith.

Appellee had filed an application for the registration of TIFFANY for bowling balls.2 The trademark examiner initially refused registration on the ground that as applied to appellee’s goods, the mark so resembles the mark TIFFANY for playing-cards and chips and cribbage-boards,…