The May Department Stores Company v. Kenya Corporation

(specially concurring).

I concur in the view of the majority that the marks are not confusingly similar. However, in my opinion, the petition fcr cancellation should have been dismissed for the reason that the petitioner’s registration, without more, does not constitute evidence of use of its mark at the time of filing said petition.

The second point set forth in the majority opinion, namely, “whether it is sufficient for the petitioner in a cancellation proceeding to make of record the prior registrations on which it relies in order to show, prima facie, its use of the registered marks on the…