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American Furniture Warehouse CO

No. 86407531 (T.T.A.B. Apr. 23, 2018)
American Furniture Warehouse CO

14 Cited authorities

  1. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 27 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  2. In re Nett Designs, Inc.

    236 F.3d 1339 (Fed. Cir. 2001)   Cited 28 times
    Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

  3. 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

  4. In re Stereotaxis, Inc.

    429 F.3d 1039 (Fed. Cir. 2005)   Cited 7 times
    Affirming TTAB's finding that STEREOTAXIS was descriptive of certain magnetic medical devices and services because it described their functions and purposes—performing the “stereotaxis” brain surgery technique

  5. In re Wada

    194 F.3d 1297 (Fed. Cir. 1999)   Cited 11 times
    Affirming PTO ruling that "New York Ways Gallery" was primarily geographically descriptive because "NEW YORK is not an obscure geographical term and that it is known as a place where the goods at issue here are designed, manufactured, and sold. . . ."

  6. In re Omega

    494 F.3d 1362 (Fed. Cir. 2007)   Cited 1 times
    Holding that “[i]t is within the discretion of the PTO to require that one's goods be identified with particularity” in a trademark application

  7. INSTITUT NAT. DES APPELLATIONS v. VINTNERS

    958 F.2d 1574 (Fed. Cir. 1992)   Cited 13 times
    Affirming finding, on summary judgment, that the term "Chablis" is generic

  8. Dena Corp. v. Belvedere International, Inc.

    950 F.2d 1555 (Fed. Cir. 1991)   Cited 9 times   1 Legal Analyses

    No. 91-1156. December 4, 1991. John M. Curtin, Leydig, Voit Mayer, of Chicago, Ill., argued and James B. Muskal and Amy N. Cohen, Leydig, Voit Mayer, Chicago, Ill., were on the brief, for appellant. Donald L. Dennison, Dennison, Meserole, Pollack Scheiner, of Arlington, Va., argued, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MICHEL, PLAGER and RADER, Circuit Judges. RADER, Circuit Judge. In Opposition No. 81,365, Dena Corporation, opposer, appeals the Trademark Trial and

  9. In re Societe Generale Des Eaux Minerales De Vittel S.A.

    824 F.2d 957 (Fed. Cir. 1987)   Cited 9 times   2 Legal Analyses

    No. 87-1127. July 14, 1987. Paul F. Kilmer, Mason, Fenwick Lawrence, Washington, D.C., for appellant. Albin F. Drost, Office of the Solicitor, Arlington, Va., for appellee. Appeal from the United States Patent and Trademark Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH and BISSELL, Circuit Judges. RICH, Circuit Judge. This appeal is from the 30 September 1986 decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board), 1 USPQ2d

  10. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,886 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,600 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 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

  13. 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

  14. 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