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Hammerhouse Designs, LLC

No. 86224107 (T.T.A.B. Sep. 9, 2016)
Hammerhouse Designs, LLC

16 Cited authorities

  1. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 30 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  2. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 74 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  3. Duopross Meditech Corp. v. Inviro Med. Devices, Ltd.

    695 F.3d 1247 (Fed. Cir. 2012)   Cited 25 times   4 Legal Analyses
    Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"

  4. 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

  5. In re Oppedahl & Larson LLP

    373 F.3d 1171 (Fed. Cir. 2004)   Cited 30 times   1 Legal Analyses
    Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

  6. 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"

  7. In re Chamber of Commerce of the United States

    675 F.3d 1297 (Fed. Cir. 2012)   Cited 8 times   2 Legal Analyses

    No. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor

  8. 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).

  9. In re Hutchinson Technology Inc.

    852 F.2d 552 (Fed. Cir. 1988)   Cited 19 times   2 Legal Analyses
    Holding that the issue presented by a composite mark consisting of personal names is "what the purchasing public would think when confronted with the mark as a whole"

  10. 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

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,922 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,616 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"

  13. Section 2.88 - Statement of use after notice of allowance

    37 C.F.R. § 2.88   Cited 10 times   15 Legal Analyses
    Describing the USPTO's requirements for filing a statement of use

  14. Section 2.76 - Amendment to allege use

    37 C.F.R. § 2.76   Cited 3 times
    Requiring three specimens to support the declared date of the first use of the mark in commerce

  15. Section 2.47 - Supplemental Register

    37 C.F.R. § 2.47

    (a) In an application to register on the Supplemental Register under section 23 of the Act, the application shall so indicate and shall specify that the mark has been in use in commerce. (b) In an application to register on the Supplemental Register under section 44 of the Act, the application shall so indicate. The statement of lawful use in commerce may be omitted. (c) An application under section 66(a) of the Act is not eligible for registration on the Supplemental Register. (d) A mark in an application