Merker Counter Company, Inc. v. Central Counter Company

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board (130 USPQ 44) granting a petition to cancel Reg. No. 626,272 of May 1, 1956, of the trademark “Mel-O-Top” for shoe counters, issued to Merker Counter Company, Inc., the appellant.

The petitioner, Central Counter Company, a Missouri corporation, based its petition on its ownership of Reg. No. 330,089, of November 19, 1935 (renewed November 19, 1955), of the trademark “MELOFLEX” for counters for shoes.

During its initial time for taking testimony petitioner took none and introduced no evidence other…