Citations
- 188 F.2d 1013
Full opinion text
WASHINGTON, Circuit Judge.
This case relates to the refusal of the Patent Office to institute certain trade-’ mark opposition proceedings, on the ground that the statutory fee was not paid within the permitted time.
On November 15, 1949, there was officially published an application by the F. A. Gosse Company for a certain trade-mark. On December 15, 1949 (i. e., within the following 30 days), the Libby Company filed with the Patent Office a paper entitled “Notice of Opposition,” protesting the Gosseapplication, -accompanied by a check for $15.00. The document was not verified. On December 23, 1949, after having been notified by the Commissioner that the proper fee was $25.00, the Libby Company sent a check to the Patent Office in the amount of $10.00. On January 14, 1950, it filed a verified notice of opposition, the substance of which was the same