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"
Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services
Finding that the TTAB did not err in determining that the term was generic, citing in part concerns arising from the methodology of the applicant's consumer survey
Holding "[e]vidence of the public's understanding of term," for purposes of establishing if mark is descriptive, "may be obtained from any competent source, including .^.^. dictionaries"
Determining that "[g]rowth in sales" did not prove acquired distinctiveness where it "may indicate the popularity of the product itself rather than recognition of the mark"
Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined
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"