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M/S White Feathers Restaurant Private Ltd. v. Moti Mahal Delux Management Services Private Ltd.

92061198 (T.T.A.B. Apr. 24, 2019)
M/S White Feathers Restaurant Private Ltd. v. Moti Mahal Delux Management Services Private Ltd.

23 Cited authorities

  1. Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc.

    525 F.3d 8 (D.C. Cir. 2008)   Cited 397 times   1 Legal Analyses
    Holding that, in a cancellation proceeding, "an intent-to-use applicant prevails over any opposer who began using a similar mark after the intent-to-use filing date"

  2. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 76 times
    Applying Recot in analyzing the similarity of services

  3. Imperial Tobacco v. Philip Morris, Inc.

    899 F.2d 1575 (Fed. Cir. 1990)   Cited 82 times   5 Legal Analyses
    Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

  4. Aycock Eng. v. Airflite

    560 F.3d 1350 (Fed. Cir. 2009)   Cited 43 times   2 Legal Analyses
    Holding that applicant's preparation to use the mark was insufficient to constitute use in commerce

  5. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  6. Crash Dummy v. Mattel

    601 F.3d 1387 (Fed. Cir. 2010)   Cited 26 times   3 Legal Analyses
    Explaining that we "review[] [the TTAB's] evidentiary rulings for an abuse of discretion"

  7. Cerveceria Centroamericana v. Cerveceria

    892 F.2d 1021 (Fed. Cir. 1989)   Cited 50 times   1 Legal Analyses
    Holding that in the absence of evidence of intent to resume use during the period of non-use, the TTAB "may conclude the registrant has . . . failed to rebut the presumption of abandonment," even when there is evidence of intent to resume after the period of nonuse

  8. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 13 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  9. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  10. M.Z. Berger & Co. v. Swatch AG

    787 F.3d 1368 (Fed. Cir. 2015)   Cited 12 times   8 Legal Analyses
    Noting that while an application may be made for registration based on a bona fide intent to use the mark in commerce, actual commercial use must be shown before registration

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,447 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  13. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,954 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  14. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,027 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  15. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 888 times   48 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  16. Section 2.116 - Federal Rules of Civil Procedure

    37 C.F.R. § 2.116   Cited 49 times
    Making the federal rules of civil procedure generally applicable in TTAB proceedings

  17. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 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"

  18. Section 2.123 - Trial testimony in inter partes cases

    37 C.F.R. § 2.123   Cited 10 times

    (a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination

  19. Section 2.88 - Statement of use after notice of allowance

    37 C.F.R. § 2.88   Cited 10 times   15 Legal Analyses
    Describing the USPTO's requirements for filing a statement of use

  20. Section 2.121 - Assignment of times for taking testimony and presenting evidence

    37 C.F.R. § 2.121   Cited 6 times

    (a) The Trademark Trial and Appeal Board will issue a trial order setting a deadline for each party's required pretrial disclosures and assigning to each party its time for taking testimony and presenting evidence ("testimony period"). No testimony shall be taken or evidence presented except during the times assigned, unless by stipulation of the parties approved by the Board, or upon motion granted by the Board, or by order of the Board. The deadlines for pretrial disclosures and the testimony periods

  21. 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