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AERCO INTERN., INC. v. VAPOR CORP.

Appeal No. 79-608. Opposition No. 60,832.

608 F.2d 518 (1979)

AERCO INTERNATIONAL, INC., Appellant, v. VAPOR CORPORATION, Appellee.

United States Court of Customs, and Patent Appeals.

November 6, 1979.

Attorney(s) appearing for the Case

Robert Neuner, Melvin C. Garner, Brumbaugh, Graves, Donohue & Raymond, New York City, for appellant.

Raymond I. Geraldson, Jr., Pattishall, McAuliffe & Hofstetter, Chicago, Ill., for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN and MILLER, Judges.

On Motion to Dismiss

RICH, Judge.

This is a trademark opposition brought by appellee, Vapor Corporation (Vapor). Appellant, Aerco International, Inc. (Aerco), filed an answer to the notice of opposition and thereafter, before any discovery or testimony was made or taken, filed a motion to amend its answer to include a counter-claim for cancellation of the registration Vapor relied on. The Trademark Trial and Appeal Board (TTAB) denied the motion. Aerco filed...

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