ent001424-085

WARREN G. MAGNUSON, WASH., CHAIRMAN JOHN O. PASTORE, R. I. A. S. MIKE? MONRONEY, OKLA. GEORGE A. SMATHERS, FLA. ALAN BIBLE, NEV. STROM THURMOND, S. C. FRANK J. LAUSCHE, OHIO kRALPH YARBOROUGH, TEX. JOHN W. BRICKER, OHIO Andrew f. schoeppel, kans. JOHN MARSHALL BUTLER, MD. CHARLES E. POTTER, MICH. WILUAM A. PURTELL, CONN. FREDERICK G. PAYNE, MAINE NORRIS COg^N, N. H. EDWARD JARRETT, CHIEF CLERK QlCroieb ^?·>lale& ^beruxie COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE March 18, 1958 Mr* A1 Freeman The Angelbread Foundation The Sands Hotel Las Vegas, Nevada Dear Mr. Freeman: Eva has referred to me your letter of March 11th, regard- ing your efforts to obtain use of the name "Angelbread?╟Ñ for your bakery product, which is presently registered in the name of Wallace and Tierman, of Belleville, New Jersey. According to the United States Patent Office here, Wallace and Tierman registered the name on February 8, 1955. Therefore, the Company*s right to the name can be tested by a petition for cancellation, since it has been registered for two years. I am told that a case of this nature can be settled in a matter of months, rather than years. The Patent Office states that a "non-use" amounts to what they call an "abandonment." However, only a slight use, or an occasion- al use, will preserve the rights to a trade name. There are also many recognized excuses for not making use of a trade name for the two-year period, such as equipment and plant difficulties, marketing problems, etc., which are considered sufficient to justify sustaining the rights to a trade name. In a case of this kind a hearing must be held, at which time evidence must be produced concerning the non-use of the trade name for a continuous two-year period. Patent officials state that Wallace and Tierman is a large company, and should they be bent on maintaining their rights to the name "Angelbread, " it would be a difficult task to have it cancelled on the "non-use" theory in view of the numerous excuses available to justify the failure to make use of the name. However, the Patent Office does not want to pass judge- ment on the matter, and if you feel you have a good case, cancellation proceedings can be initiated by filing a "Petition-to-Cancel" with the Patent Office. In this regard, if you decide to file such a petition, I shall be pleased to do what I can to obtain early consideration of the case for you.