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Hy-Vee, Inc.

No. 86945526 (T.T.A.B. Feb. 14, 2018)
Hy-Vee, Inc.

17 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. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

    786 F.3d 960 (Fed. Cir. 2015)   Cited 31 times   5 Legal Analyses
    Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"

  3. In re Dial-A-Mattress Operating Corp.

    240 F.3d 1341 (Fed. Cir. 2001)   Cited 38 times   3 Legal Analyses
    Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

  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 La. Fish Fry Prods., Ltd.

    797 F.3d 1332 (Fed. Cir. 2015)   Cited 15 times   1 Legal Analyses
    Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark

  6. In re Steelbuilding.com

    415 F.3d 1293 (Fed. Cir. 2005)   Cited 26 times   2 Legal Analyses
    Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

  7. 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

  8. 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

  9. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 23 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels

  10. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 32 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,914 times   126 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 1,610 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 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"

  14. Section 1056 - Disclaimer of unregistrable matter

    15 U.S.C. § 1056   Cited 69 times   3 Legal Analyses
    Limiting effect of disclaimers to mark for which registration was sought

  15. Section 2.142 - Time and manner of ex parte appeals

    37 C.F.R. § 2.142   Cited 3 times   1 Legal Analyses

    (a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty