J. P. Heilbronn Co. v. Hammermill Paper Co.

This appeal involves a petition for the cancellation of appellee’s trade-mark. The petition was dismissed by the examiner of interferences and his decision was affirmed by the Commissioner of Patents, and from the latter’s decision this appeal is taken.

The Plammermill Paper Co., of Erie, Pa., hereafter called Ham-mermill, on March 31, 1925, registered the trade-mark “ Luna ” for bond writing paper. The date of the first use of this trade-mark of the registrant in interstate commerce was in February, 1924, and ever since that date Plammermill has shipped large and increasing •quantities of…