Cluett, Peabody & Co. v. Wright

BLAND, Associate Judge.

From a decision of the Commissioner of Patents, dismissing a petition for cancellation of the registration of the trade-mark “Air-O,” No. 162,625, dated December 19, 1922, issued to Denver M. Wright for belts for men’s and women’s wear, appellant has appealed to this court.

Petitioner’s petition is grounded upon the contention that appellee was not entitled to the use of his mark on the date of his application for registration for the reason that at the time of the making of said application, the petitioner, appellant herein, was the owner and user of the trade-mark…