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Patent and Trade Mark Review Volume 14

Patent and Trade Mark Review Volume 14


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt: ... D. C, 269). As pointed out in the Herbst case appellant's remedy, if he was dissatisfied with the decision of the Patent Office in the interference proceeding, was by way of appeal to this court. Because, as he now believes, he would have prevailed had he taken such an appeal, in no way changes the situation. He has had his day in court and is not entitled to another for the consideration of the questions previously determined. The decision is affirmed. Affirmed. Trade Marks. (222 O. G., 728.) Court of Appeals of the District of Columbia. The Standard Brewery Company Of Baltimore City V. Interboro Brewing Company, Inc. Decided November 29, 1915. Trade Mark--Cancellation. Where an applicant for cancellation of a registration does not set up facts showing a superior right in himself to use the mark, but depends upon the showing of a superior right in a third party, Held that the application for cancellation should be dismissed. Mr. Archibald Cox and Mr. E. W. Brewington, for the appellant. Mr. W. H. Small and Mr. Melville Church, for the appellee. ROBB, J. This is an appeal from a final decision of the Patent Office sustaining ap pellee's application for the cancellation of appellant's registered trade mark "Bismark" for beer. In its application for cancellation appellee alleges that it has adopted for use and has used upon bottled beer in interstate commerce this mark, but it does not aver that its date of adoption antedates that of appellant. It does aver, however, that the Massachusetts Breweries Company, a third party, has a right to said trade mark superior to that of appellant. The Patent Office tribunals, upon the showing made by appellee as to the superior right to this mark of said third party, the Massachusetts Breweries Company, sustaine...


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Product Details
  • ISBN-13: 9781130797947
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 180
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1130797945
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 331 gr


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