Holding that in light of the appearance, sound and meaning of the marks PLAY-DOH and FUNDOUGH, consumers may receive the "same commercial impression" from the marks
In Hollister, one of our predecessor courts held that the opposer's order for status copies of its registration to be prepared by the Patent and Trademark Office and filed with its Notice of Opposition sufficed to create a prima facie case.
Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"