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Doctor’s Associates Inc. v. Janco, LLC

No. 91217243 (T.T.A.B. Jan. 7, 2016)
Doctor’s Associates Inc. v. Janco, LLC

11 Cited authorities

  1. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  2. Larry Harmon Pictures v. Williams Restaurant

    929 F.2d 662 (Fed. Cir. 1991)   Cited 16 times   2 Legal Analyses
    Finding single restaurant satisfied "use in commerce" requirement because "the record here established that [restaurant's mark] has been used in connection with services rendered to customers traveling across state boundaries," and distinguishing similar earlier cases where there was no such evidence

  3. Matter of Application of Silenus Wines

    557 F.2d 806 (C.C.P.A. 1977)   Cited 10 times
    In Silenus Wines, the CCPA expressly rejected the position of the Patent and Trademark Office that the statute is ambiguous and that the various statements in legislative history "contradict and overshadow [the] statutory definition of commerce."

  4. Application of Simulations Publications

    521 F.2d 797 (C.C.P.A. 1975)   Cited 2 times
    Noting that magazine titles generally function as the means by which the contents of the publication are described

  5. Application of Gastown, Inc.

    326 F.2d 780 (C.C.P.A. 1964)   Cited 11 times
    In Gastown, the appellant operated a chain of automobile and truck service stations, some of which were located on federal highways.

  6. Application of Servel Inc.

    181 F.2d 192 (C.C.P.A. 1950)   Cited 5 times

    Patent Appeals No. 5658. April 3, 1950. J.L. Kelly, Washington, D.C. (A. Yates Dowell, Washington, D.C., of counsel), for appellant. E.L. Reynolds, Washington, D.C. (Walter J. Derenberg, Washington, D.C., of counsel), for Commissioner of Patents. Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Judges. O'CONNELL, Judge. This is an appeal from the decision of the Commissioner of Patents in which the decision of the Examiner of Trade-Marks refusing appellant's application to register

  7. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,921 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  8. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 3,326 times   80 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

  9. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,048 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  10. Section 1053 - Service marks registrable

    15 U.S.C. § 1053   Cited 100 times   1 Legal Analyses
    Applying same requirement to registration of service marks

  11. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"