Model Brassiere Co. v. Bromley-Shepard Co.

BLAND, Associate Judge.

This is an appeal in a trade-mark cancellation proceeding from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences sustaining appellee’s application for the cancellation of the registration of appellant’s trade-mark “Ensemble” for use on “garter-brassieres.”

Appellant’s trade-mark, No. 197,197, was registered April 14, 1925, on an application filed December 26,1924.

In its petition for cancellation, appellee alleged that it was engaged in the manufacture and sale of ladies’ “undergarments and garments” which “might be…