270 F. 701 | D.C. Cir. | 1921
The Marinello Company has registered in the Patent Office as a trade-mark on certain toilet preparations the word
Petitioner has filed an elaborate brief, in which many points are raised and argued. We think, however, that the'proceeding turns on the answer to a simple question: Has petitioner shown any such interest in the word as would entitle her to attack the registration ? The statute provides that, whenever any person shall deem himself injured by the registration of a trade-mark, he may apply to the Commissioner of Patents to cancel the registration. Section 13, 33 Stát. 728 (Comp. St. § 9498). We have construed this to mean that he who seeks cancellation must state facts from which, if true, the court may reasonably infer that he might be damaged unless the mark is canceled. McIlhenny’s Son v. New Iberia, etc., Pepper Co., 30 App. D. C. 337, 339; Underwood Typewriter Co. v. A. B. Dick Co., 36 App. D. C. 175, 176; Standard Brewery Co. v. Interboro Brewing Co., 44 App. D. C. 193.
We think petitioner has utterly failed in her proof of use, and therefore the decision of the Commissioner of Patents is affirmed.
Affirmed.