Merker Counter Company, Inc. v. Central Counter Company

“It is well established that the burden of proof rests upon one who seeks to cancel a registered mark. * * *” [James Huggins & Sons, Inc. v. Avenarius Bros. (Attorney General of the United States, substituted), 42 CCPA 1019, 223 F.2d 494, 106 USPQ 271.] (Italics supplied.) “In a cancellation proceeding, the situation is quite different [from ex parte and opposition proceedings]. The defendant in such proceeding is one who has obtained substantial rights from the Government upon or about which he may have built a large and, of course, legitimate business. The cancellation of one’s trade-mark…