Chaussures Bally Societe Anonyme de Fabrication, hereinafter appellant, appeals from the decision of the Trademark Trial and Appeal Board dismissing its opposition1 2to application3 to register LA VALLI for women’s shoes filed by Dial Shoe Company, Inc., hereinafter appellee.
Appellant alleges that appellee’s mark, LA VALLI, so resembles its previously adopted and registered mark BALLY for boots, shoes, sandals, moccasins, and bath slippers 3 as to be likely, when applied to appellee’s goods, to cause confusion or mistake or to deceive.
The facts were stipulated by the parties in lieu of testimony.
Appellant is a Swiss corporation and has continuously sold its products in the United States under the mark BALLY since 1923. Its sales outlets are department stores, shoe stores, and specialty stores. The dollar volume of imported BALLY shoes since 1956 approximated $17,500,000, the average yearly volume being in excess of $2,500,000. The goods under appellant’s mark are advertised in such magazines as the “New Yorker” and “Retailing” and newspapers at an annual cost of about $40,000.
Both marks appear in script and the goods of the parties comprise shoes, including women’s shoes.
The parties are in agreement that the only question for determination here is, as stated by the board, whether or not LA VALLI so resembles BALLY as to be likely to cause confusion.
Appellant points out that the portion “LA” of LA VALLI4 is the well known *217French and Italian definite article meaning “the.” From this premise appellant argues that inasmuch as this definite article is so “well known in the clothing and fashion industry and by fashion conscious women who have become familiar with certain French and Italian expressions used extensively in this field,” it cannot be given any weight in resolving the question of whether or not the marks are confusingly similar. •
Appellant’s position is untenable. We cannot dissect and set aside any portion of a mark and eliminate it from consideration in judging the matter of similarity or dissimilarity of competing marks. We must consider the marks in their entireties and endeavor to assess their impact as so used in trade and as they appear to the purchasing public.
So viewing the marks in issue, we find no reversible error in the conclusion reached by the board that:
“Considering * * * the marks ‘LA VALLI’ and ‘BALLY’ in their entireties, it is our opinion that they do not look alike, they do not engender the same connotation or suggestion, and while there is some resemblance between these marks in sound, it is not of such nature as to be likely to cause confusion, mistake or deception.”
The decision of the board is affirmed.
Affirmed.
WORLEY, Chief Judge, did not sit in the hearing in this case but by agreement of counsel, participated in the decision thereof.
. No. 42,043 filed July 23,1962.
. Serial No. 124,259 filed July 19, 1961.
. Reg. No. 232,197, September 6, 1927, renewed September 6,1947.
. The application alleges that the English translation of LA VALLI is “the valley.”