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Luna Distributing

86658188 (T.T.A.B. Jan. 29, 2020)
Luna Distributing

26 Cited authorities

  1. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  2. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 191 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  3. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 73 times   4 Legal Analyses
    Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

  4. Recot, Inc. v. Becton

    214 F.3d 1322 (Fed. Cir. 2000)   Cited 57 times
    Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration

  5. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 47 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  6. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 26 times   3 Legal Analyses
    Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

  7. In re I.Am.Symbolic, LLC

    866 F.3d 1315 (Fed. Cir. 2017)   Cited 18 times
    Finding that the similarity of the marks weighed heavily in favor of a likelihood of confusion

  8. In re Mighty Leaf Tea

    601 F.3d 1342 (Fed. Cir. 2010)   Cited 22 times   3 Legal Analyses
    Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form

  9. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 34 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

  10. In re Chatam International Inc.

    380 F.3d 1340 (Fed. Cir. 2004)   Cited 24 times   1 Legal Analyses
    Holding that appellant's JOSE GASPAR GOLD mark is "nearly identical" to registrant's GASPAR'S ALE mark once the descriptive and non-dominant terms JOSE, GOLD and ALE are properly discounted

  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 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,053 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  14. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 929 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  15. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 148 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

  16. Section 2.111 - Filing petition for cancellation

    37 C.F.R. § 2.111   Cited 12 times

    (a) A cancellation proceeding is commenced by filing in the Office a timely petition for cancellation with the required fee. (b) Any person who believes that he, she, or it is or will be damaged by a registration may file a petition, addressed to the Trademark Trial and Appeal Board, for cancellation of the registration in whole or in part. The petition for cancellation need not be verified, but must be signed by the petitioner or the petitioner's attorney, as specified in § 11.1 of this chapter

  17. Section 2.101 - Filing an opposition

    37 C.F.R. § 2.101   Cited 4 times   11 Legal Analyses

    (a) An opposition proceeding is commenced by filing in the Office a timely notice of opposition with the required fee. (b) Any person who believes that he, she or it would be damaged by the registration of a mark on the Principal Register may file an opposition addressed to the Trademark Trial and Appeal Board. The opposition need not be verified, but must be signed by the opposer or the opposer's attorney, as specified in § 11.1 of this chapter, or other authorized representative, as specified in

  18. Section 2.75 - Amendment to change application to different register

    37 C.F.R. § 2.75   Cited 1 times   1 Legal Analyses

    (a) An application for registration on the Principal Register under section 1(a) or 44 of the Act may be changed to an application for registration on the Supplemental Register and vice versa by amending the application to comply with the rules relating to the appropriate register, as the case may be. (b) An application under section 1(b) of the Act may be amended to change the application to a different register only after submission of an acceptable amendment to allege use under § 2.76 or statement