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AUBURN RUBBER CORPORATION v. HANOVER RUBBER CO.

Patent Appeal No. 4200.

107 F.2d 588 (1939)

AUBURN RUBBER CORPORATION v. HANOVER RUBBER CO.

Court of Customs and Patent Appeals.

December 4, 1939.

Attorney(s) appearing for the Case

Edgar J. Clarkson, of Washington, D. C. (Charles R. Allen, of Washington, D. C., of counsel), for appellant.

No appearance for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

LENROOT, Associate Judge.

This is a trade-mark cancellation proceeding. On May 28, 1935 the United States Patent Office issued to appellant trade-mark registration No. 324,692 for

2 the mark applied to rubber heels. "Life"

The statement in the registration issued contains the recital that "The trade-mark has been continuously used and applied to said goods...

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