Arnold, Schwinn & Co., Opposer-Appellant v. Evans Products Company, Applicant-Appellee

KIRKPATRICK, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board of the United States Patent Office, 128 USPQ 10, dismissing an opposition by the appellant to the appellee’s application serial No. 39,208, filed October 21, 1957, for registration, for wheeled toys, namely, tricycles and trailers, of the following mark:

The opposition is predicated on the appellant’s prior registration and use, for bicycles, of the trademark 1 shown below:

The drawing of the trademark is lined for red and gold and the words “QUALITY” and “CHICAGO” are disclaimed apart from the mark.

Th…