Apollo Shirt Co. v. Enro Shirt Co.

This is an appeal in -a trade-mark cancellation proceeding from the decision of the Commissioner of Patents, 69 USPQ 443, affirming the decision of the Examiner of Interferences sustaining appellee’s petition for the cancellation of appellant’s registered trade-mark «SPORTMASTER” for use on «MEN’S DRESS, WORK, AND UNDER SHIRTS.”

Appellant’s mark, registration No. 336,803, was registered July 21, 1936, under the Trade-Mark Act of February 20,1905, on an application filed March 9,1936..Appellee’s petition for cancellation of appellant’s registered trademark was filed March 22, 1944, and was…