Patent Appeal Nos. 8906 and 8933. April 19, 1973. John T. Lanahan, Des Plaines, Ill., of record, for appellant; Sidney W. Russell, Arlington, Va., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. These consolidated appeals are from decisions of the Patent Office
(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