Miles Laboratories, Inc. v. Foley & Co.

This is an appeal from the decision of the Commissioner of Patents (57 USPQ 44) in a trade-mark cancellation proceeding.

On September 9, 1941, appellant secured registration (No. 390,138) under the Act of February 20, 1905, of the notation “Vitamiles” as a trade-mark for “vitamin tablets,” the application therefor having been filed April 21,1941, with use claimed “since April 11,1941.”

Six days after the registration — that is, on September 15, 1941— appellee filed a petition for cancellation of the mark so registered in which it was alleged, in substance, that appellee was the owner of…