Paris v. W. W. Stewart & Sons

MARTIN, Chief Justice.

This is an appeal from concurrent decisions of fhe Patent Office, sustaining a petition filed by appellee, and canceling the registration dated September 12, 1922, of appellant’s trademark “Cadets,” accompanied by the representation of a cadet, for use upon cigars. The cancellation proceeding was filed under the provisions of section 13 of the TradeMark Act of February 20, 1905 (Comp. St. § 9498), by the appellee, claiming prior ownership and use of the mark in issue. Testimony was introduced in behalf of both parties.

It was claimed by appellant that appellee should not…