Hollowform, Inc. v. Aeh

RICH, Judge.

This appeal is from the Trademark Trial and Appeal Board’s decision, 180 USPQ 284 (1973), dismissing appellant’s opposition to the registration of TOP-KAT as a trademark for camping trailers and truck campers, application serial No. 394,999, filed June 16, 1971. Decision was rendered on applicant’s motion to dismiss the opposition for failure to state a claim upon which relief can be granted.

The opposition was predicated on op-poser’s claim that it was the owner of the trademark TOP KAT for truck campers in twelve western states in which it used the mark before the applicant,…