Garfield & Marks Designs, Ltd.

5 Cited authorities

Armstrong Co. v. Nu-Enamel Corp.
305 U.S. 315 (1938) Cited 344 times
Holding that registration of a mark "does not create any substantive rights in the registrant"
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"
Standard Paint Co. v. Trinidad Asph. Co.
220 U.S. 446 (1911) Cited 128 times
Holding that a trademark in "Ruberoid"—a misspelling of "Rubberoid"—was descriptive and did not "become arbitrary by being misspelled"
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 1,612 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"

Garfield & Marks Designs, Ltd.

5 Cited authorities

Armstrong Co. v. Nu-Enamel Corp.

Holding that registration of a mark "does not create any substantive rights in the registrant"

In re Nett Designs, Inc.

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"

Standard Paint Co. v. Trinidad Asph. Co.

Holding that a trademark in "Ruberoid"—a misspelling of "Rubberoid"—was descriptive and did not "become arbitrary by being misspelled"

Application of Quik-Print Copy Shops, Inc.

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"