Patent Appeal No. 6375. June 18, 1958. Chester A. Williams, Jr., Cranford, N.J. (Robert B. Harmon, Washington, D.C., of counsel) for appellant. Clarence W. Moore, Washington, D.C., for the Commissioner of Patents. Before JOHNSON, C.J., and O'CONNELL, WORLEY, and RICH, JJ. O'CONNELL, Judge. This is an appeal from the decision of the Assistant Commissioner of Patents, 112 USPQ 268, affirming the decision of the Examiner of Trademarks and refusing registration of appellant's mark for sewing machines
(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