B. Kuppenheimer & Co., Inc. v. Kayser-Roth Corporation

MARTIN, Judge.

This is an appeal from the decision of the Patent Office Trademark Trial and Appeal Board, 134 USPQ 465, sustaining an opposition to an application by appellant, B. Kuppenheimer & Co., for the registration of as a trademark for men’s and boys’ pants. Use of the mark in interstate commerce *821by appellant on the designated goods since February 1959 is alleged.

Appellee, Kayser-Roth Corporation, is the registrant of SUPP-HOSE for hosiery.1

Mr. Austin Marvin Mark, assistant to appellee’s vice president, testified that SUPP-HOSE was first used by a predecessor of appellee on August 12,…