Fred W. Amend Co. v. American Character Doll Co.

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 99 USPQ 249, sustaining the decision of the Examiner of Interferences which dismissed appellant’s petition to cancel appellee’s mark “Chuckles” as applied to dolls.

Appellant is the owner of Registration No. 515,075, “Chuckles” for use on candy. This mark was registered on September 13, 1949, based on use since 1922. It appears from the record that appellant submitted in evidence its prior registration of the mark “Chuckle,” Registration No. 283,466, for candy issued…