Holiday Inc. v. Holiday Magic

Lane, Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing appellant’s opposition on the ground that appellant had failed to take testimony or introduce any evidence and therefore had failed to make out a prima facie case. Appellant has asserted that it did provide evidence, but that the board arbitrarily and erroneously refused to consider it or set a new period for taking testimony. Moreover, appellant contends, the Patent Office failed, to appellant’s prejudice, to communicate a certain notice of a deficiency *997in the papers submitted by appellant. It…