Legal Opinion

Application of International Nickel Company, Inc

Court of Customs and Patent Appeals

Decided November 3, 1960No. Patent Appeal 6392PublishedCited by 3 opinions

1Opinion of the Court

WORLEY, Chief Judge.

The parties agree that one purpose of the Trade-Mark Act of 1946, popularly known as the Lanham Act, was to rid the Patent Office of trademarks that were not being used. To effect that result Congress incorporated Section 8 which, in pertinence, reads:

*953Section 8(b). “Cancellation of republished prior registrations unless affidavit of use filed

“Any registration published under the provisions of subsection (c) of section 12 of this Act shall be canceled by the Commissioner at the end of 6 years after the date of such publication unless within 1 year next preceding the…

2Cited by3 opinions

  1. Holliday v. Great Atlantic & Pacific Tea Co.Court of Appeals for the Eighth Circuit · 1958
  2. SAM'S RIVERSIDE, INC. v. Intercon Solutions, Inc.District Court, S.D. Iowa · 2011
  3. Application of International Nickel Company, IncCourt of Customs and Patent Appeals · 1960

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