Patent Appeals No. 5658. April 3, 1950. J.L. Kelly, Washington, D.C. (A. Yates Dowell, Washington, D.C., of counsel), for appellant. E.L. Reynolds, Washington, D.C. (Walter J. Derenberg, Washington, D.C., of counsel), for Commissioner of Patents. Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Judges. O'CONNELL, Judge. This is an appeal from the decision of the Commissioner of Patents in which the decision of the Examiner of Trade-Marks refusing appellant's application to register

(a) An application under section 1(a) of the Act, an amendment to allege use under § 2.76 , a statement of use under § 2.88 , an affidavit or declaration of continued use or excusable nonuse under § 2.160 , or an affidavit or declaration of use or excusable nonuse under § 7.36 must include one specimen per class showing the mark as actually used in commerce on or in connection with the goods or services identified. When requested by the Office as reasonably necessary to proper examination, additional

(a) An application for a trademark or service mark must include one or more of the following five filing bases: (1)Use in commerce under section 1(a) of the Act. The requirements for an application under section 1(a) of the Act are: (i) The applicant's verified statement that the mark is in use in commerce. If the verified statement is not filed with the initial application, the verified statement must also allege that the mark was in use in commerce as of the application filing date; (ii) The date