Patent and Trade Mark Review Volume 6

Patent and Trade Mark Review Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...interference should be declared therewith in order that the applicant should not be put to the expense of procuring and presenting testimony which must from the very nature of the case be negative in its character and unconvincing. The contention of the appellant is believed to be well founded. This position was recognized in ex parie American Lead Pencil Company (C. D., 1892, 199), in which case Commissioner Simonds said: The Examiner declines to institute the interference on the ground that the registrations under the act of I870 are known to be null and void through the decision of the United States Supreme Court, and he declines to grant registration because, although the previous registration is void, yet it makes the trade-mark in question known to the Patent Ofiice. Under such circumstances the proper and equitable thing seems to be to give the registrant under the act of 1870 opportunity to file an application under the existing act and become an interference contestant if that party so chooses. Notice will be issued to the registrant under the act of 1870 that an application for registry is pending with which the said registry would interfere if it were a registry under the existing act, and that sixty days will be allowed wherein such registrant may make application under the existing act with a view to interference. By the procedure indicated in this decision it appears that the registrant was duly notified of the conflicting claim of the applicant and was given an opportunity to contest the same if he so desired. The burden in such case was not placed upon the applicant to present evidence" of a negative character showing that the registrant had no valid title to his trade-mark. The act of 1881 contained no provision for...
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Product details

  • Paperback | 128 pages
  • 189 x 246 x 7mm | 240g
  • United States
  • English
  • black & white illustrations
  • 1236802489
  • 9781236802484