GFBC, Inc. v. A Sun Down Enterprise, LLC d/b/a Sun Up Brewing Company

8 Cited authorities

Cerveceria Centroamericana v. Cerveceria
892 F.2d 1021 (Fed. Cir. 1989) Cited 50 times 1 Legal Analyses
Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse
B.R. Baker Co. v. Lebow Bros
150 F.2d 580 (C.C.P.A. 1945) Cited 11 times
Patent Appeal No. 5030. June 25, 1945. Appeal from the Commissioner of Patents of United States Patent Office, Interference No. 3,358. Application filed in 1940 by the B.R. Baker Company for registration of a trade-mark. An interference was declared with two trade-marks registered by Lebow Brothers on applications filed in 1932 and later. From a decision of the Commissioner of Patents reversing the decision of the Examiner, who had held that the B.R. Baker Company was the first user and owner of
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,528 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 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 1057 - Certificates of registration
15 U.S.C. § 1057 Cited 1,027 times 5 Legal Analyses
Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark
Section 1060 - Assignment
15 U.S.C. § 1060 Cited 188 times 13 Legal Analyses
Requiring assignments of federal trademark registrations to be "by instruments in writing"
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 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"
Section 2.128 - Briefs at final hearing
37 C.F.R. § 2.128 Cited 3 times
Setting forth rules for submission of briefs to the TTAB

GFBC, Inc. v. A Sun Down Enterprise, LLC d/b/a Sun Up Brewing Company

8 Cited authorities

Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

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"

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

Requiring assignments of federal trademark registrations to be "by instruments in writing"

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"

Setting forth rules for submission of briefs to the TTAB