William Howard Taft

“ It is not an undue expansion of that construction to hold that the final words were intended to furnish a remedy in equity against the Commissioner in every case in which by section 9 an appeal first lies to the Court of Appeals. This necessarily would give to one defeated by the Commissioner as a party to an application for the cancellation of the registration of a trade-mark, after an unsuccessful appeal to the advisory supervision of the Court of Appeals, a right to resort to an independent bill in equity against the Commissioner to prevent cancellation. ”

“ And such adjudication, if it be in favor of the right of the applicant, shall authorize the Commissioner to issue such patent on the applicant filing in the Patent Office a copy of the adjudication, and otherwise complying with the requirements of law. In all cases, where there is no opposing party, a copy of the bill shall be served on the Commissioner ”

“ Whithey, 14 Wall. 434, 439, 20 L. Ed. 858; United States v. Bell Tel. Co., 128 U.S. 315, 368, 370, 9 Sup. Ct. 90, 32 L. Ed. 450; United States v. Am. Bell Tel. Co., 159 U.S. 548, 555, 16 Sup. Ct. 69, 40 L. Ed. 255. ”