Legal Opinion

Hy-Cross Hatchery, Inc. v. Percy J. Osborne (Joseph H. Welp, Assignee, Substituted)

Court of Customs and Patent Appeals

Decided June 15, 1962No. Patent Appeal 6831PublishedCited by 25 opinions

1Opinion of the Court

RICH, Judge.

This appeal is from the decision, adhered to on Request for Reconsideration (129 USPQ 232), of the Patent Office Trademark Trial and Appeal Board denying appellant’s petition to cancel Registration No. 524,413, on the Principal Register, dated April 25, 1950, for the trademark “HY-CROSS” (the quotation marks being part of the mark) for “Live Poultry for Breeding Purposes and Eggs for Hatching,” issued to Percy J. Osborne.

The petition to cancel was filed June 16, 1958, as of which date Reg. No. 524,-413 had been in effect more than five years. A combined affidavit under section…

2Cases cited4 opinions

  1. Avon Shoe Co., Inc., and Haymaker Shoe Corp. v. David Crystal, Inc., Haymaker Sports, Inc., B. Altman & Co., Best & Co., Inc., and John WanamakerCourt of Appeals for the Second Circuit · 1960
  2. Avon Shoe Co. v. David Crystal, Inc.District Court, S.D. New York · 1959
  3. Kelly Liquor Co. v. National Brokerage Co.Court of Customs and Patent Appeals · 1939
  4. Nettie Rosenstein, Inc., Appellant-Applicant v. Princess Pat, Ltd., Appellee-OpposerCourt of Customs and Patent Appeals · 1955

3Cited by25 opinions

  1. Defiance Button MacHine Company v. C & C Metal Products Corp. And Defiance Button MacHine Company, Inc.Court of Appeals for the Second Circuit · 1985
  2. Visa, U.S.A., Inc. v. Birmingham Trust National BankCourt of Appeals for the Federal Circuit · 1982
  3. Money Store v. Harriscorp Finance, Inc.Court of Appeals for the Seventh Circuit · 1982
  4. Wallpaper Manufacturers, Ltd. v. Crown Wallcovering Corp.Court of Customs and Patent Appeals · 1982
  5. Bambu Sales, Inc. v. Sultana Crackers, Inc.District Court, E.D. New York · 1988

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