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Air New Zealand Ltd.

No. 79192386 (T.T.A.B. Nov. 9, 2018)
Air New Zealand Ltd.

15 Cited authorities

  1. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 108 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  2. Boston Beer Co. v. Slesar Bros. Brewing Co.

    9 F.3d 175 (1st Cir. 1993)   Cited 137 times
    Concluding that "Boston" as name of beer manufacturer with headquarters in Boston is geographically descriptive with no secondary meaning

  3. Beckwith v. Commr. of Patents

    252 U.S. 538 (1920)   Cited 177 times   1 Legal Analyses
    Defining “composite marks” as those which “contain both registerable and nonregisterable matter”

  4. In re Detroit Athletic Co.

    903 F.3d 1297 (Fed. Cir. 2018)   Cited 17 times
    Finding "the identity of the marks’ two initial words is particularly significant because consumers typically notice those words first"

  5. In re Dial-A-Mattress Operating Corp.

    240 F.3d 1341 (Fed. Cir. 2001)   Cited 38 times   3 Legal Analyses
    Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

  6. In re Owens-Corning Fiberglas Corp.

    774 F.2d 1116 (Fed. Cir. 1985)   Cited 61 times   4 Legal Analyses
    Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature

  7. In re Steelbuilding.com

    415 F.3d 1293 (Fed. Cir. 2005)   Cited 26 times   2 Legal Analyses
    Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

  8. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  9. In re Newbridge Cutlery Co.

    776 F.3d 854 (Fed. Cir. 2015)   Cited 5 times   3 Legal Analyses

    No. 2013–1535. 01-15-2015 In re THE NEWBRIDGE CUTLERY COMPANY (trading as Newbridge Silverware). Philip Raible, Rayner Rowe LLP, of New York, NY, argued for appellant. Nathan K. Kelley, Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With him on the brief were Christina J. Hieber and Thomas L. Casagrande, Associate Solicitors. LINN, Circuit Judge. Philip Raible, Rayner Rowe LLP, of New York, NY, argued for appellant. Nathan K. Kelley, Solicitor, United

  10. In re Compagnie Generale Maritime

    993 F.2d 841 (Fed. Cir. 1993)   Cited 12 times

    No. 91-1102. April 29, 1993. Rehearing Denied; Suggestion for Rehearing En Banc Declined June 7, 1993. Marc E. Brown, Poms, Smith, Lande Rose, Professional Corp., Los Angeles, CA, argued for appellant. With him on the brief was Brian W. Kasell. Albin F. Drost, Deputy Sol., Office of the Solicitor, Arlington, VA, argued for appellee. With him on the brief was Fred E. McKelvey, Solicitor. Appeal from the Trademark Trial and Appeal Board. Before NIES, Chief Judge, FRIEDMAN, Senior Circuit Judge, and

  11. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,599 times   274 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

  12. Section 1053 - Service marks registrable

    15 U.S.C. § 1053   Cited 99 times   1 Legal Analyses
    Applying same requirement to registration of service marks

  13. Section 1141f - Effect of filing a request for extension of protection of an international registration to the United States

    15 U.S.C. § 1141f   Cited 7 times   3 Legal Analyses
    Requiring a declaration of "bona fide intention to use the mark in commerce"

  14. Section 2.41 - Proof of distinctiveness under section 2(f)

    37 C.F.R. § 2.41   Cited 13 times   4 Legal Analyses

    (a)For a trademark or service mark - (1)Ownership of prior registration(s). In appropriate cases, ownership of one or more active prior registrations on the Principal Register or under the Trademark Act of 1905 of the same mark may be accepted as prima facie evidence of distinctiveness if the goods or services are sufficiently similar to the goods or services in the application; however, further evidence may be required. (2)Five years substantially exclusive and continuous use in commerce. In appropriate