Wembley, Inc. v. Commissioner of Patents of the United States of America

FAHY, Circuit Judge:

In the District Court appellant, Wembley, sued the Commissioner of Patents praying that the Commissioner, in a proceeding in the Patent Office, be compelled to comply with Rule 13(a), Fed. R.Civ.P., 1 by reason of Rule 2.117(a) 2 of the Trademark Rules of Practice. The proceeding in the Patent Office is one in which the Diplomat Tie Company seeks cancellation of a trademark of Wembley. On motion of the Commissioner the District Court dismissed the complaint. We affirm, deeming the ruling of the Patent Office interlocutory and not ripe for challenge in the courts.

The…