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Aloe Bioscience, LLC

No. 85531266 (T.T.A.B. May. 13, 2015)
Aloe Bioscience, LLC

23 Cited authorities

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

    469 U.S. 189 (1985)   Cited 944 times   7 Legal Analyses
    Holding that an incontestable mark cannot be challenged as merely descriptive

  2. A.J. Canfield Co. v. Honickman

    808 F.2d 291 (3d Cir. 1986)   Cited 170 times   1 Legal Analyses
    Finding "chocolate fudge" — a generic term for chocolate fudge-flavored soda — is not protectable

  3. 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”

  4. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 57 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

  5. In re Northland Aluminum Products, Inc.

    777 F.2d 1556 (Fed. Cir. 1985)   Cited 49 times
    Holding "[e]vidence of the public's understanding of term," for purposes of establishing if mark is descriptive, "may be obtained from any competent source, including .^.^. dictionaries"

  6. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 45 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  7. In re 1800Mattress.Com IP, LLC

    586 F.3d 1359 (Fed. Cir. 2009)   Cited 12 times   2 Legal Analyses
    Finding "MATTRESS.COM" generic in relation to online retail store services in the field of mattresses was supported by substantial evidence

  8. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 32 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  9. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 22 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels

  10. In re Pennington Seed, Inc.

    466 F.3d 1053 (Fed. Cir. 2006)   Cited 12 times   3 Legal Analyses
    Holding that the Trademark Manual of Examining Procedure (“TMEP”) “does not have the force and effect of law”

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,843 times   125 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,595 times   273 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"

  13. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 78 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"

  14. Section 1056 - Disclaimer of unregistrable matter

    15 U.S.C. § 1056   Cited 69 times   3 Legal Analyses
    Limiting effect of disclaimers to mark for which registration was sought

  15. Section 2.142 - Time and manner of ex parte appeals

    37 C.F.R. § 2.142   Cited 3 times   1 Legal Analyses

    (a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty