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Martin E. Wendelken v. The Runningman UK Ltd

No. 91237021 (T.T.A.B. Sep. 26, 2018)
Martin E. Wendelken v. The Runningman UK Ltd

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 270,405 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 283,287 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Advanced Cardiovascular v. Scimed Life

    988 F.2d 1157 (Fed. Cir. 1993)   Cited 203 times   2 Legal Analyses
    Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"

  4. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  5. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 365,453 times   966 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  6. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 11,399 times   11 Legal Analyses
    Providing for automatic substitution of public officer's successor for official-capacity claims

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

    15 U.S.C. § 1052   Cited 1,611 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"

  8. 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

  9. 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"

  10. Section 1141f - Effect of filing a request for extension of protection of an international registration to the United States

    15 U.S.C. § 1141f   Cited 8 times   3 Legal Analyses
    Requiring a declaration of "bona fide intention to use the mark in commerce"

  11. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 24 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

  12. Section 2.71 - Amendments to correct informalities

    37 C.F.R. § 2.71   Cited 12 times   3 Legal Analyses

    The applicant may amend the application during the course of examination, when required by the Office or for other reasons. (a) The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services or the description of the nature of the collective membership organization. (b) (1) If the verified statement in an application under § 2.33 is unsigned or signed by the wrong party, the applicant may submit a substitute verification. (2) If the verified

  13. Section 2.133 - Amendment of application or registration during proceedings

    37 C.F.R. § 2.133   Cited 6 times   1 Legal Analyses

    (a) An application subject to an opposition may not be amended in substance nor may a registration subject to a cancellation be amended or disclaimed in part, except with the consent of the other party or parties and the approval of the Trademark Trial and Appeal Board, or upon motion granted by the Board. (b) If, in an inter partes proceeding, the Trademark Trial and Appeal Board finds that a party whose application or registration is the subject of the proceeding is not entitled to registration

  14. Section 2.107 - Amendment of pleadings in an opposition proceeding

    37 C.F.R. § 2.107   Cited 2 times

    (a) Pleadings in an opposition proceeding against an application filed under section 1 or 44 of the Act may be amended in the same manner and to the same extent as in a civil action in a United States district court, except that, after the close of the time period for filing an opposition including any extension of time for filing an opposition, an opposition may not be amended to add to the goods or services opposed, or to add a joint opposer. (b) Pleadings in an opposition proceeding against an

  15. Section 2.104 - Contents of opposition

    37 C.F.R. § 2.104   Cited 2 times

    (a) The opposition must set forth a short and plain statement showing why the opposer believes he, she or it would be damaged by the registration of the opposed mark and state the grounds for opposition. ESTTA requires the opposer to select relevant grounds for opposition. The required accompanying statement supports and explains the grounds. (b) Oppositions to different applications owned by the same party may be joined in a consolidated opposition when appropriate, but the required fee must be