Rex Shoe Company, Inc. v. Juvenile Shoe Corporation of America

RICH, Judge.

The sole issue here is whether the Patent Office correctly held that registration of the trademark “Thrill-mates” for “women’s and children’s shoes” is proscribed by Sec. 2(d)1 of the Lanham Act (Trade-Mark Act of 1946) in view of the opposer’s prior registration and use of “Foothrills” as a trademark for “Shoes, and Slippers of Leather or Kid.”

The facts are concisely summarized and the reasons supporting the decision below are clearly stated in the opinion of the Assistant Commissioner, acting for the Commissioner, from which we quote-as follows (114 USPQ 545):

“The record shows…