Mishawaka Rubber and Woolen Mfg. Co. v. Bata Narodni Podnik (Now by Change of Name, Svit Narodni Podnik)

O’CONNELL, Judge.

This is an appeal from the decision of the Examiner-in-Chief of the United States Patent Office, acting by delegation of authority for the Commissioner of Patents and affirming the decision of the Examiner of Trade-Mark Interferences, 98 U.S.P.Q. 284, dismissing appellant’s, opposition to the registration by appellee of á composite mark comprised of the letter “B” superimposed upon a circular ball-like background, colored red, and used on “Pneumatic tires, inner tubes and tire insertion pieces.”

The record is silent as to the applicant’s use of its mark in the commerce of the…