Clairol, Incorporated v. Roux Distributing Co., Inc

SMITH, Judge.

The Assistant Commissioner (118 U. S.P.Q. 378) reversed the decision of the Examiner of Interferences and held that Registration No. 565,410 of the mark “Hair Color Bath” for “Hair tinting and coloring preparations” granted to appellant on the Supplemental Register should be cancelled.

Appellee’s petition for cancellation was filed under section 24 of the Trademark Act of 1946, 15 U.S.C.A. § 1092, and alleges that the mark “Hair Color Bath” is descriptive of the goods and was not used as a trademark at the time the registration was secured. Section 24 gives any person who…