Mott's LLP

7 Cited authorities

In re Owens-Corning Fiberglas Corp.
774 F.2d 1116 (Fed. Cir. 1985) Cited 61 times 4 Legal Analyses
Holding that the color "pink" as a trademark for manufacturer's fibrous glass residential insulation was valid when the pink color gave "the public a reliable indication of source and thus facilitate[d] responsible marketplace competition."
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"
University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.
703 F.2d 1372 (Fed. Cir. 1983) Cited 20 times 2 Legal Analyses
In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
In re Etablissements Darty Et Fils
759 F.2d 15 (Fed. Cir. 1985) Cited 8 times
In Darty et Fils, however, even though, the primary question was whether "Darty" was primarily merely a surname, the Board had correctly held that the Opposers’ "provides no support for their contention."
Application of Harris-Intertype Corporation
518 F.2d 629 (C.C.P.A. 1975) Cited 5 times
In Harris, the court analyzed the Lanham Act's mandate that no trademark will be given to a name that is " primarily merely a surname."
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,921 times 127 Legal Analyses
Requiring 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 1,615 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"

Mott's LLP

7 Cited authorities

In re Owens-Corning Fiberglas Corp.

Holding that the color "pink" as a trademark for manufacturer's fibrous glass residential insulation was valid when the pink color gave "the public a reliable indication of source and thus facilitate[d] responsible marketplace competition."

In re Nett Designs, Inc.

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"

University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

In re Etablissements Darty Et Fils

In Darty et Fils, however, even though, the primary question was whether "Darty" was primarily merely a surname, the Board had correctly held that the Opposers’ "provides no support for their contention."

Application of Harris-Intertype Corporation

In Harris, the court analyzed the Lanham Act's mandate that no trademark will be given to a name that is " primarily merely a surname."

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"