Legal Opinion

Marzall, Commissioner of Patents v. Libby, McNeill & Libby

Court of Appeals for the D.C. Circuit

Decided March 29, 1951No. 10753PublishedCited by 3 opinions

1Opinion of the Court

WASHINGTON, Circuit Judge.

This case relates to the refusal of the Patent Office to institute certain trade-’ mark opposition proceedings, on the ground that the statutory fee was not paid within the permitted time.

On November 15, 1949, there was officially published an application by the F. A. Gosse Company for a certain trade-mark. On December 15, 1949 (i. e., within the following 30 days), the Libby Company filed with the Patent Office a paper entitled “Notice of Opposition,” protesting the Gosseapplication, -accompanied by a check for $15.00. The document was not verified. On December 23,…

2Cases cited5 opinions

  1. Turkett v. United StatesDistrict Court, N.D. New York · 1948
  2. Weaver v. BlairCourt of Appeals for the Third Circuit · 1927
  3. Reliance Mfg. Co. v. BlairCourt of Appeals for the Seventh Circuit · 1927
  4. Eastern Band of Cherokee Indians v. Cherokee Nation WestUnited States Court of Claims · 1883
  5. Griffin v. United StatesUnited States Court of Claims · 1877

3Cited by3 opinions

  1. The Dayton Power and Light Company v. Federal Power Commission, Ohio Fuel Gas Company, IntervenorCourt of Appeals for the D.C. Circuit · 1958
  2. Texas-Ohio Gas Co. v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1953
  3. Colgate-Palmolive Co. v. BrennerDistrict Court, S.D. New York · 1965

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