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Kipling Apparel Corp.

No. 86356608 (T.T.A.B. Sep. 28, 2018)
Kipling Apparel Corp.

18 Cited authorities

  1. In re Int'l Flavors Fragrances Inc.

    183 F.3d 1361 (Fed. Cir. 1999)   Cited 59 times   4 Legal Analyses
    Noting "[t]he federal registration of a trademark does not create an exclusive property right in the mark"

  2. Cold War Museum v. Cold War Air Museum

    586 F.3d 1352 (Fed. Cir. 2009)   Cited 27 times
    Holding that registration per 15 U.S.C. § 1057(b) creates a rebuttable presumption of validity, rebuttal of which requires a preponderance of the evidence showing

  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 Chippendales USA, Inc.

    622 F.3d 1346 (Fed. Cir. 2010)   Cited 23 times   5 Legal Analyses
    Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"

  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 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. 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. Yeley v. Purdom (In re Estate of Yeley)

    959 N.E.2d 888 (Ind. App. 2011)   Cited 8 times
    Holding the trial court erred in approving an agreement reached by the appellant's siblings and not signed by the appellant where, in the event of non-settlement and the ensuing litigation resulted in the invalidation of the testamentary instruments, the appellant would stand to inherit one-fourth of the estate

  9. Earnhardt v. Kerry Earnhardt, Inc.

    864 F.3d 1374 (Fed. Cir. 2017)   Cited 1 times

    2016-1939 07-27-2017 Teresa H. EARNHARDT, Appellant v. KERRY EARNHARDT, INC., Appellee Uly Samuel Gunn, Alston & Bird LLP, Atlanta, GA, argued for appellant. Also represented by Larry Currell Jones, Charlotte, NC. David Blaine Sanders, Robinson Bradshaw & Hinson, P.A., Charlotte, NC, argued for appellee. Also represented by Cary Baxter Davis, Matthew Felton Tilley. Chen, Circuit Judge. Uly Samuel Gunn , Alston & Bird LLP, Atlanta, GA, argued for appellant. Also represented by Larry Currell Jones

  10. In re Boulevard Entertainment, Inc.

    334 F.3d 1336 (Fed. Cir. 2003)   Cited 9 times   2 Legal Analyses
    Affirming refusal to register JACK–OFF marks

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,886 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 1,600 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 1070 - Appeals to Trademark Trial and Appeal Board from decisions of examiners

    15 U.S.C. § 1070   Cited 12 times   1 Legal Analyses
    Providing that "[a]n appeal may be taken to the [TTAB] from any final decision of the examiner in charge of the registration of marks"

  14. 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

  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