Price Vacuum Stores, Inc. v. Admiral Corp.

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Examiner-in-Chief, 97 USPQ 472, affirming the decision of the Examiner of Trade-Mark Interferences which granted appellee’s motion for dismissal of appellant’s petition for cancellation of appellee’s registration No. 409,-912 for the trade-mark “Admiral” on the ground that it failed to state facts upon which relief could be granted.

The basic question for our determination is whether appellant has stated a cause of action in its pleadings. However, before answering this question we deem it…