McKINNON & CO. v. HYVIS OILS

Patent Appeal No. 3786.

88 F.2d 699 (1937)

McKINNON & CO. v. HYVIS OILS, Inc.

Court of Customs and Patent Appeals.

March 29, 1937.


Attorney(s) appearing for the Case

Cushman, Darby & Cushman, of Washington, D. C. (Arlon V. Cushman and William M. Cushman, both of Washington, D. C., of counsel), for appellant.

Watts T. Estabrook, of Washington, D. C., and Evans & McCoy, of Cleveland, Ohio (Frank S. Greene, of Cleveland, Ohio, of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, GARRETT, and LENROOT, Associate Judges.


LENROOT, Associate Judge.

This is a trade-mark cancellation proceeding under the provisions of section 13 of the Trade-Mark Act of February 20, 1905 (15 U.S.C.A. § 93).

On October 15, 1929, appellant's predecessor, Petroleum Products Storage Company, secured registration of the mark "Highpres," No. 262,583, used on lubricating oils.

On July 6, 1934, appellee filed its petition for the cancellation of said registration, alleging ownership of the...

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