13 Cited authorities
In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 39 times 2 Legal AnalysesEndorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal AnalysesFinding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
In re Chippendales USA, Inc.
622 F.3d 1346 (Fed. Cir. 2010) Cited 22 times 5 Legal AnalysesHolding 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"
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 13 times 5 Legal AnalysesHolding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 57 timesHolding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
In re Chamber of Commerce of the United States
675 F.3d 1297 (Fed. Cir. 2012) Cited 8 times 2 Legal AnalysesNo. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor
In re Gyulay
820 F.2d 1216 (Fed. Cir. 1987) Cited 14 times 1 Legal AnalysesStating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive
In re Bose Corp.
546 F.2d 893 (C.C.P.A. 1976) Cited 1 timesPatent Appeal No. 76-581. December 16, 1976. Charles Hieken, Hieken Cohen, Waltham, Mass., atty. of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. LANE, Judge. This is an appeal from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the refusal to register SYNCOM for loudspeaker
Application of Compagnie Nat. Air France
265 F.2d 938 (C.C.P.A. 1959)Patent Appeal No. 6424. April 22, 1959. Douglas H. Kenyon, New York City (Kenyon Kenyon, New York City, of counsel), for appellant. Clarence W. Moore, Washington, D.C., for Commissioner of Patents. Before WORLEY, Acting Chief Judge, and RICH, MARTIN, and JOHNSON, retired, Associate Judges. MARTIN, Acting Chief Judge. This is an appeal from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, affirming the refusal of the Examiner of Trademarks to register "Sky-Room"
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,806 times 124 Legal AnalysesRequiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 271 Legal AnalysesGranting 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"
Section 2.122 - Matters in evidence
37 C.F.R. § 2.122 Cited 23 times 1 Legal AnalysesProviding 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"
Section 2.120 - Discovery
37 C.F.R. § 2.120 Cited 22 times 5 Legal AnalysesProviding that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"