Stamatopoulos v. Stephano Bros.
Stamatopoulos v. Stephano Bros.
Opinion of the Court
delivered the opinion of the Court:
The right of any person deeming himself injured by the . registration of a trademark to challenge it by a proceeding for its cancelation, is provided for in sec. 13 of the act of Congress of Febinary 20, 1905 (33 Stat. at L. J24, chap. 592, IJ. S. Comp. Stat. Supp. 1911, p. 1459), and it was under this act that this proceeding was brought. The decision of the Commissioner of Patents is to the effect that the provision of the statute relating to cancelation is prospective, and not retrospective, and therefore cannot be applied to trademarks registered prior to the date of its enactment. This is the sole question involved in this case.
The registration of trademarks is regulated entirely by statute. There is no such property right acquired by registration as either forbids regulation - or abolition by a subsequent act of Congress. Section 13 relates entirely to procedure in the Patent Office. The act of 1881 did not provide for challenging a registration by a proceeding for cancelation. The act of 1905 for the first time furnished this speedy and sensible remedy. Being merely remedial, and a matter of procedure, it
The decision of the Commissioner of Patents is reversed, and the clerk is directed to certify these proceedings as by law required. Reversed,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.