Cambridge Rubber Company v. Cluett, Peabody & Co., Inc.

WORLEY, Chief Judge.

This is an appeal from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, 122 USPQ 211, reversing the Examiner of Interferences and dismissing an opposition to the registration of a trademark.

Applicant, appellee here, manufactures men’s and boys’ furnishings including shirts, ties, handkerchiefs, and underwear, and seeks registration of the mark “Winter Carnival” for use on men’s and boys’ underwear. Applicant has used the mark only on men’s boxer-type undershorts sold in men’s clothing and department stores.

Appellant manufactures…