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BULL S.A. v. COMER

No. 94-5106.

55 F.3d 678 (1995)

BULL S.A., Appellant v. Douglas B. COMER, Commissioner of Patents and Trademarks, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1995.

Attorney(s) appearing for the Case

Joseph S. Presta, Falls Church, VA, appeared pro hac vice and argued the cause for appellant. Edward J. Kondracki, Falls Church, VA, was on the briefs for appellant.

Albin F. Drost, Deputy Sol., U.S. Patent & Trademark Office, Washington, DC, argued the cause for appellee. With him on the brief were Nancy J. Linck, Sol., and Nancy C. Slutter, Associate Sol., U.S. Patent & Trademark Office, Washington, DC.

Before WALD, WILLIAMS and TATEL, Circuit Judges.

WALD, Circuit Judge:

In this case we decide whether the Commissioner of Patents and Trademarks ("Commissioner") is bound by the incorrect renewal deadline information it gave to trademark registration holder Bull S.A. ("Bull") in a signed and sealed Certificate of Renewal. We hold that under settled principles of equitable tolling, the Commissioner is required to waive the applicable statutory deadline for Bull's renewal application in favor of the renewal deadline...

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