Dunlap & Co. v. Bettmann-Dunlap Co.

VAN ORSDEL, Associate Justice.

Appellant, Dunlap & Co., opposes the registration of three trade-marks by appellee, the Bettmann-Dunlap Company, consisting of the word “Dunlap” displayed on different backgrounds. The opposer claimed use of a similar mark upon hats, caps, clothing, parasols, umbrellas, women’s headwear, neckties, mufflers, leather and fabric gloves, furs and scarfs. The applicant’s trade-marks are used on shoes.

The Examiner of Interferences held that the goods on which the marks are used are not of the same descriptive properties, hut refused registration of the mark on the…