Swingline, Inc. v. I. B. Kleinert Rubber Company

SMITH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board,1 dismissing appellant’s opposition to ap-pellee’s application to register the trademark “SWINGLINE” for dress shields composed of rubber and cotton and designed for dresses having cap sleeves with a Y-shaped underarm.2 Appellant’s opposition was based upon its prior use and registration of the same mark on office cabinets and display cabinets; stapling machines, tackers and pliers; staples; electric stapling machines; binder clips, index tabs, rubber finger tips, paper fasteners, file fasteners and folders…