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"
In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).
Holding that “SUGAR & SPICE” for baked goods was “more than a mere description of the ingredients of the goods” because it evokes associations with the rhyme “everything nice”
In American Society of Clinical Pathologists, a majority of the Court of Customs and Patent Appeals held that the mark REGISTRY OF MEDICAL TECHNOLOGISTS was merely descriptive as applied to its services, which included examining and certifying medical technologists.
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"