American Lava Corp. v. Multronics, Inc.

Rich, Actmg Ohief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board, 161 USPQ 164, adhered to on reconsideration, granting appellee’s petition to cancel appellant’s registration1 of MULTI-CAP as a trademark for capacitors. Appellee’s petition for cancellation asserts that it is the owner of the unregistered trademarks MULTI-CAP and MULTI-CAP for multi-tap capacitors, that it adopted and used these marks “long prior” to the date of first use claimed in appellant’s registration,2 that it had “continuously used” 'both trademarks since the date it adopted them, and…