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IN RE CRUCIBLE STEEL CO. OF AMERICA

No. 5730.

185 F.2d 692 (1950)

In re CRUCIBLE STEEL CO. OF AMERICA.

United States Court of Customs and Patent Appeals.

December 5, 1950.

Attorney(s) appearing for the Case

Ward, Crosby & Neal, New York City (Raymond J. McElhannon, New York City, and J. Austin Stone, Washington, D. C., of counsel), for appellant.

E. L. Reynolds, Washington, D. C. (Walter J. Derenberg, Washington, D. C., of counsel), for the Commissioner of Patents.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, JOHNSON, and WORLEY, Associate Judges.

O'CONNELL, Judge.

The record discloses that in May of 1947 an application was presented by appellant to the Patent Office in accordance with the provisions of the Trade-Mark Act of 1905, now 15 U.S.C.A. § 1051 et seq., to register the trade-mark "Nu-Die" for use on steel rods, bars, plates, billets, slabs, blocks, and forgings. It was alleged the mark had been continuously used by appellant on the goods specified since June 11, 1940.

The examiner refused...

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