Application of International Nickel Company, Inc

The broad issue is whether, on the record here, the trademark “Ni-Tensyl” is deadwood.

The more specific statutory issue is whether this registered trademark is “still in use” so that appellant is entitled to maintain on the register its 1933 Registration, No. 302,033, granted under the 1905 Act and republished August 15, 1950 under section 12(c) of the Lanham Act, 15 U.S.C.A. § 1062(c).

Stated another way, the question is whether the Commissioner of Patents is obliged by section 8(b) of the Lanham Act to cancel that registration because appellant has shown in its section 8 affidavit use only…