EZ Mills, Inc. v. Martin Bros. Co.

LENROOT, Associate Judge.

This is a trade-mark cancellation proceeding under the Trade-mark Act of February 20, 1905, as amended, 15 U.S.C.A. §§ 81-109, wherein the Commissioner of Patents reversed a decision of the Examiner of Trade-mark Interferences which sustained appellant’s petition for the cancellation of appellee’s mark “Klad-ezee,” printed in script in the arc of a circle. The Examiner sustained appellant’s petition under the rule of res adjudicata. The Commissioner did not agree with the Examiner that the rule of res adjudicata was applicable, and held that the marks of the parties…