Falk Corp. v. Toro Manufacturing Corp.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 176 USPQ 221 (1972), sustaining, by a divided vote, an opposition to appellant’s application for registration of TORUS as a trademark for “rubber element shaft couplings,” serial No. 344,845, filed November 28, 1969. We reverse.

The Board Opinions

The majority of the board, after reciting five of appellee’s registrations of the mark TORO, reviewing its extensive advertising and sales of lawn-care equipment and parts therefor under the mark, and comparing TORO with TORUS, concluded there would be…