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WEMBLEY, INC. v. COMMISSIONER OF PATENTS

No. 19201.

352 F.2d 941 (1965)

WEMBLEY, INC., Appellant, v. COMMISSIONER OF PATENTS of the United States of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 7, 1965.

Attorney(s) appearing for the Case

Mr. Francis C. Browne, Washington, D. C., with whom whom Mr. Richard G. Kline, Washington, D.C., was on the brief, for appellant.

Mr. George C. Roeming, Washington, D.C., Attorney, with whom Mr. Clarence W. Moore, Solicitor, was on the brief, for appellee.

Before FAHY, WASHINGTON and LEVENTHAL, Circuit Judges.

FAHY, Circuit Judge:

In the District Court appellant, Wembley, sued the Commissioner of Patents praying that the Commissioner, in a proceeding in the Patent Office, be compelled to comply with Rule 13(a), Fed. R.Civ.P.,1 by reason of Rule 2.117(a)2 of the Trademark Rules of Practice. The proceeding in the Patent Office is one in which the Diplomat Tie Company seeks cancellation of a trademark of

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