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Grupo Bimbo, S.A.B. de C.V.

No. 77798364 (T.T.A.B. Aug. 10, 2012)
Grupo Bimbo, S.A.B. de C.V.

13 Cited authorities

  1. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 58 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

  2. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  3. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 46 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  4. 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

  5. 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).

  6. In re Gould Paper Corp.

    834 F.2d 1017 (Fed. Cir. 1987)   Cited 20 times   3 Legal Analyses
    Holding that the compound term "SCREEN-WIPE" is generic as applied to wipes for cleaning monitor screens

  7. 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

  8. Roux Laboratories, Inc. v. Clairol Inc.

    427 F.2d 823 (C.C.P.A. 1970)   Cited 24 times   1 Legal Analyses
    Holding that the phrase "Hair Color So Natural Only Her Hairdresser Knows for Sure" is protectable as a trademark

  9. McCormick Company v. Summers

    354 F.2d 668 (C.C.P.A. 1966)   Cited 9 times
    In McCormick this court said "registrability of a mark must be determined on the basis of facts as they exist at the time when the issue of registrability is under consideration" and it appears to us consistent with McCormick and DeWalt as well as sound in principle to decide in the present appeal that the time when the issue of registrability is under consideration extends at least to the time the application is acted on in the Patent Office.

  10. Application of Hollywood Brands

    214 F.2d 139 (C.C.P.A. 1954)   Cited 11 times
    Finding secondary meaning based upon $1,153,000 in general advertising over six years with about one-third directed to the alleged trademark

  11. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,609 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"

  12. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 80 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"

  13. Section 2.41 - Proof of distinctiveness under section 2(f)

    37 C.F.R. § 2.41   Cited 13 times   4 Legal Analyses

    (a)For a trademark or service mark - (1)Ownership of prior registration(s). In appropriate cases, ownership of one or more active prior registrations on the Principal Register or under the Trademark Act of 1905 of the same mark may be accepted as prima facie evidence of distinctiveness if the goods or services are sufficiently similar to the goods or services in the application; however, further evidence may be required. (2)Five years substantially exclusive and continuous use in commerce. In appropriate