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IN RE CULLIGAN INTERN. CO.

No. 89-1566.

915 F.2d 680 (1990)

In re CULLIGAN INTERNATIONAL CO.

United States Court of Appeals, Federal Circuit.

September 25, 1990.

Attorney(s) appearing for the Case

George H. Gerstman, Gerstman & Ellis, Ltd., Chicago, Ill., argued for appellant.

Albin F. Drost, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol.

Before MAYER, Circuit Judge, BALDWIN, Senior Circuit Judge, and MILLS, District Judge.

OPINION

RICHARD MILLS, District Judge.

This is an appeal pursuant to 15 U.S.C. § 1071(a)(1) (1988) from a decision of the Commissioner of Patents and Trademarks. The Commissioner, acting through the Assistant Commissioner for Trademarks, held that 15 U.S.C. § 1059 (1982) requires both the renewal fee and the late application fee to accompany a late application for trademark renewal. We affirm.

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