Clark Equipment Company v. Baker-Lull Corporation (Otis Elevator Company, Alleged Assignee, Substituted)

SMITH, Judge.

Appellee-applicant’s predecessor filed application No. 660,915 on February 11, 1954, for registration of the mark Yard-loader for use on vehicle-mounted material loaders, known as fork trucks. Appellant-opposer opposed registration, charging that the use of that mark by applicant would result in confusion, mistake and deception of purchasers as to the source or origin of the goods in view of opposer’s prior use of the marks Car-loader, Trucloader, Planeloader and Yardlift on similar fork trucks. It is agreed that for the purposes of this appeal the goods involved are identical.

The…