Grandpa Pidgeon's of Missouri, Inc. v. Borgsmiller

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing appellant’s opposition to registration of appellee’s mark comprising the figure of an elderly. man. We reverse.

Appellant’s earlier use of its marks and the identity of the parties’ retail store services are undisputed. The sole issue is whether appellee’s mark so resembles a mark of appellant as to be likely to cause confusion or mistake or to deceive.

Appellant relies on two earlier registrations 1 and its prior use of various non-registered marks, all of which include the figure of an…