Court of Customs and Patent Appeals May 3, 1973, Patent Appeal No. 8939 (Grandpa Pidgeon's of Missouri, Inc. v. Borgsmiller)

MARKEY, Chief Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing appellant’s opposition to registration of appellee’s mark comprising the figure of an elderly. man. We reverse.

Appellant’s earlier use of its marks and the identity of the parties’ retail store services are undisputed.