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IN RE MOTHER TUCKER'S FOOD EXPERIENCE (CANADA)

No. 90-1260.

925 F.2d 1402 (1991)

In re MOTHER TUCKER'S FOOD EXPERIENCE (CANADA) INC.

United States Court of Appeals, Federal Circuit.

February 5, 1991.

Attorney(s) appearing for the Case

Lawrence E. Abelman, Abelman, Frayne, Rezac & Schwab, New York City, submitted for appellant. With him on the brief was Julie B. Seyler, New York City.

Fred E. McKelvey, Sol., Office of the Solicitor, Arlington, Va., submitted for the Com'r of Patents and Trademarks. With him on the brief was Albin F. Drost, Beacon Falls, Conn., Associate Solicitor.

Before NEWMAN, ARCHER and PLAGER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

This case concerns affidavits filed under Section 8 of the Lanham Act, and the consequences of failure of the trademark owner to show that the registered mark is in use "in commerce". The principal issue is whether use in commerce must be explicitly averred in an affidavit filed before the end of the statutory period for filing affidavits under Section 8. Subsidiary issues include whether the...

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