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Jessica Cosmetics International, Inc. v. Zen Spa Enterprises, Inc.dba Zen Spa & Health Studio

92060934 (T.T.A.B. May. 22, 2020)
Jessica Cosmetics International, Inc. v. Zen Spa Enterprises, Inc.dba Zen Spa & Health Studio

6 Cited authorities

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

    469 U.S. 189 (1985)   Cited 962 times   9 Legal Analyses
    Holding that an incontestable mark cannot be challenged as merely descriptive

  2. 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

  3. Sunrise Jewelry Mfg. Corp. v. Fred S.A

    175 F.3d 1322 (Fed. Cir. 1999)   Cited 19 times
    Finding that Duraco and Knitwaves are consistent with the principle that a trade dress which does not indicate source is generic and unprotectable

  4. In re Chemical Dynamics, Inc.

    839 F.2d 1569 (Fed. Cir. 1988)   Cited 14 times
    Concluding that generalized sales and advertising figures do not establish secondary meaning where the alleged mark is not promoted by itself but instead as part of a larger mark or with other designs or marks

  5. Application of E.J. Brach Sons

    256 F.2d 325 (C.C.P.A. 1958)   Cited 8 times

    Patent Appeal No. 6374. June 18, 1958. Cromwell, Greist Warden, Chicago, Ill. (Fred S. Lockwood, Chicago, Ill., of counsel), for appellant. Clarence W. Moore, Washington, D.C., for Commissioner of Patents. Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, and RICH, Associate Judges. JOHNSON, Chief Judge. This is an appeal from the decision of the Assistant Commissioner of Patents, 112 U.S.P.Q. 267, affirming the decision of the Examiner of Trademarks which refused registration of applicant's alleged

  6. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,920 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark