Hollowform, Inc. v. Aeh

This appeal involves, as the majority puts it, “what is in contemplation of law an identical mark on identical goods.” The issue is whether, accepting the allegations as true, appellant-opposer’s notice of opposition states a claim on the basis of which the board could have granted relief. If it does, the Board erred in granting appellee-applicant’s motion to dismiss the opposition.

Section 13 of the Lanham Act (15 U.S.C. § 1063) provides that any person who believes he would be damaged by the registration of a mark upon the principal register may institute an opposition proceeding. After…