Gay Toys, Inc. v. McDonald's Corp.
Court of Customs and Patent Appeals
1Opinion of the Court
MARKEY, Chief Judge.
Appeal from a decision of the Trademark Trial and Appeal Board (board), sustaining an opposition to registration of BIG MAC, application serial No. 83,968, for failure of the application to reflect use of the mark on or with the goods in commerce. We affirm.
• Background
McDonald’s Corporation (McDonald’s) opposed registration of BIG MAC by Gay Toys, Inc. (Toys), asserting that its use on toy trucks would be likely to cause confusion with McDonald’s trademark BIG MAC, registration Nos. 970,987 and 989,692, for restaurant services and carry-out foods, and that Toys’ goods are…
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