Unno Vs General
Unno Vs General
ISSUE :
Whether or not director of patents can issue cancellation of
the certification of registration?
HELD :
The Court finds without merit petitioner's argument that the Director of
Patents could not order the cancellation of' its certificate of registration in
an interference proceeding andt hat the question of whether or not a
certificate of registration is to be cancelled should have been brought in
cancellation proceedings. Under Rule 178 of the Rules of the Patent Office
in Trademark Cases, the Director of Patents is expressly authorized to
order the cancellation of a registered mark or trade name or name or
other mark of ownership in an inter partes case, such as the interference
proceeding at bar.The right to register trademark is based on ownership.
When the applicant is not the owner of the trademark being applied for, he
has no right to apply for the registration of the same. Under the
Trademark Law only the owner of the trademark, trade name or service
mark used to distinguish his goods, business or service from the goods,
business or service of others is entitled to register the same. The term
owner does not include the importer of the goods bearing the trademark,
trade name, service mark, or other mark of ownership, unless such
importer is actually the owner thereof in the country from which
the goods are imported. A local importer, however, may