General Shoe Corporation v. Lerner Bros. Mfg. Co., Inc.

RICH, Judge.

This is an appeal from the decision of the Commissioner of Patents (108 U.S. P.Q. 341) in Trademark Opposition No. 31,914, reversing the decision of the Examiner of Interferences which sustained appellant’s opposition to appellee’s application, filed September 26, 1947, to register the word “Holiday” as a trademark for men’s outer shirts, and lounging, beach and bath robes. Use since January 1, 1945, is asserted by applicant.

Appellant opposes registration alleging that on May 1, 1944, it commenced using and has since continuously used the trademark “Holiday” on men’s, women’s and…