Plastilite Corp. v. Kassnar Imports

MILLER, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, abstracted at 180 USPQ 527 (1973), granting appellee-petitioner’s petition for cancellation of appellant-respondent’s trademark registration. We affirm.

FACTS AND PROCEEDINGS BELOW

Appellant owns registration No. 863,-462, dated January 14, 1969, on the principal register. This issued on application serial No. 274,889, filed June 27, 1967, alleging first use in commerce on February 1, 1967, for the following mark for “Fishing Floats”:

The application indicates that “[t]he drawing is lined on the upper half…