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APPLICATION OF INTERNATIONAL NICKEL COMPANY

Patent Appeal No. 6392.

282 F.2d 952 (1960)

Application of INTERNATIONAL NICKEL COMPANY, Inc.

United States Court of Customs and Patent Appeals.

Rehearing Denied November 3, 1960.

Attorney(s) appearing for the Case

Aaron R. Townshend, Washington, D. C., Fred A. Klein, New York City, (A. W. Deller, New York City, of counsel), for appellant.

Clarence W. Moore, Washington, D. C., for Commissioner of Patents.

Before WORLEY, Chief Judge, RICH, MARTIN, and SMITH, Judges, and Judge C. WILLIAM KRAFT, Jr.

WORLEY, Chief Judge.

The parties agree that one purpose of the Trade-Mark Act of 1946, popularly known as the Lanham Act, was to rid the Patent Office of trademarks that were not being used. To effect that result Congress incorporated Section 8 which, in pertinence, reads:

Section 8(b). "Cancellation of republished prior registrations unless affidavit of use filed "Any registration published under the provisions...

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