§

Best Software, Inc.

No. 75457125 (T.T.A.B. Feb. 28, 2001)
Best Software, Inc.

7 Cited authorities

  1. 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

  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. In re Boston Beer Co. Ltd. Partnership

    198 F.3d 1370 (Fed. Cir. 1999)   Cited 14 times   1 Legal Analyses
    Holding that the claim "The Best Beer in America" amounted to mere puffery

  4. In re Loew's Theatres, Inc.

    769 F.2d 764 (Fed. Cir. 1985)   Cited 26 times   2 Legal Analyses
    Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco

  5. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,024 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  6. 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

  7. Section 1070 - Appeals to Trademark Trial and Appeal Board from decisions of examiners

    15 U.S.C. § 1070   Cited 12 times   1 Legal Analyses
    Providing that "[a]n appeal may be taken to the [TTAB] from any final decision of the examiner in charge of the registration of marks"