Lekas & Drivas, Inc. v. Tenth Avenue Trading Corp.

COLE, Judge.

Appellee herein filed an application on September 1, 1950 to register on the Principal Register of the United States Patent Office its composite trade-mark comprising the word notation “Cosmocratic,” a small fanciful monogram, “CTAT,” and an olive branch design. The mark, allegedly in use since February of 1950, was for olive oil and was applied to the cans in which such product is sold. The application was examined and the mark published in the Official Gazette of the Patent Office on January 1, 1952. Several weeks thereafter, on January 23, 1952, appellant herein filed its…