Dan River Mills, Incorporated v. The Yorke Shirt Corporation

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 148 USPQ 236 (1965), dismissing an opposition by Dan River Mills, Incorporated, to the registration of “Dante” 1 on the Principal Register for men’s outer shirts, application serial No. 165,554, filed March 27, 1963, by The Yorke Shirt Corporation.

Opposer is admittedly the prior user of the registered' marks upon which it relies which are, principally, DANTWILL, DANTWEED, DANTUFF, DANTONE, AND DANDEEN. 2 The goods for which it holds the registrations are fabrics and the testimony is that some…