Epi-genomics AG

8 Cited authorities

Beckwith v. Commr. of Patents
252 U.S. 538 (1920) Cited 177 times 1 Legal Analyses
Defining “composite marks” as those which “contain both registerable and nonregisterable matter”
In re MBNA America Bank, N.A.
340 F.3d 1328 (Fed. Cir. 2003) Cited 11 times 1 Legal Analyses
Noting that arbitrary marks are inherently distinctive
Application of Abcor Development Corp.
588 F.2d 811 (C.C.P.A. 1978) Cited 36 times 2 Legal Analyses
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).
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
In re Gyulay
820 F.2d 1216 (Fed. Cir. 1987) Cited 14 times 1 Legal Analyses
Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive
Application of Quik-Print Copy Shops, Inc.
616 F.2d 523 (C.C.P.A. 1980) Cited 9 times 1 Legal Analyses
Appeal No. 79-613. March 13, 1980. Arland T. Stein, Pittsburgh, Pa., attorney of record for appellant; Frederick H. Colen and Frederick L. Tolhurst, Pittsburgh, Pa., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents and Trademarks; Jere W. Sears, Washington, D.C., of counsel. Donald R. Fraser, Vincent L. Barker, Jr. and Lynda E. Roesch of Wilson, Fraser, Barker Clemens, Toledo, Ohio, attorneys of record for Quickprint, Inc. Appeal from the Trademark Trial and Appeal
Section 1052 - Trademarks registrable on principal register; concurrent registration
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"
Section 1126 - International conventions
15 U.S.C. § 1126 Cited 185 times 29 Legal Analyses
Stating that an application under § 44 "must state the applicant's bona fide intention to use the mark in commerce, but use in commerce shall not be required prior to registration"

Epi-genomics AG

8 Cited authorities

Defining “composite marks” as those which “contain both registerable and nonregisterable matter”

Noting that arbitrary marks are inherently distinctive

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).

Affirming finding, on summary judgment, that the term "Chablis" is generic

Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

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"

Stating that an application under § 44 "must state the applicant's bona fide intention to use the mark in commerce, but use in commerce shall not be required prior to registration"