National Association of Veterinary Technicians in America, Inc.

14 Cited authorities

Converse, Inc. v. Int'l Trade Comm'n
907 F.3d 1361 (Fed. Cir. 2018) Cited 33 times 3 Legal Analyses
Advising that "both Converse's use and the use by its competitors" must be considered
In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 39 times 2 Legal Analyses
Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
Royal Crown Co. v. Coca-Cola Co.
892 F.3d 1358 (Fed. Cir. 2018) Cited 20 times 2 Legal Analyses
Recognizing that indirect evidence, including of "competitive use, evidence that other companies use [a term] in combination with their own . . . marks, third-party registrations and applications for such combined marks," may be relevant for genericness
Duopross Meditech Corp. v. Inviro Med. Devices, Ltd.
695 F.3d 1247 (Fed. Cir. 2012) Cited 24 times 4 Legal Analyses
Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"
In re Oppedahl & Larson LLP
373 F.3d 1171 (Fed. Cir. 2004) Cited 30 times 1 Legal Analyses
Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness
In re Steelbuilding.com
415 F.3d 1293 (Fed. Cir. 2005) Cited 26 times 2 Legal Analyses
Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning
In re La. Fish Fry Prods., Ltd.
797 F.3d 1332 (Fed. Cir. 2015) Cited 13 times 1 Legal Analyses
Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark
In re Trivita, Inc.
783 F.3d 872 (Fed. Cir. 2015) Cited 6 times 2 Legal Analyses
No. 2014–1383. 04-17-2015 In re TRIVITA, INC., Appellant. Adam Stephenson, Adam R. Stephenson, LTD., Tempe, AZ, for appellant. Nathan K. Kelley, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for appellee. Also represented by Thomas L. Casagrande, Christina Hieber, Thomas W. Krause. NEWMAN, Circuit Judge. Adam Stephenson, Adam R. Stephenson, LTD., Tempe, AZ, for appellant. Nathan K. Kelley, Office of the Solicitor, United States Patent and Trademark Office, Alexandria
In re Chamber of Commerce of the United States
675 F.3d 1297 (Fed. Cir. 2012) Cited 8 times 2 Legal Analyses
No. 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
Application of Abcor Development Corp.
588 F.2d 811 (C.C.P.A. 1978) Cited 36 times 2 Legal Analyses
In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).
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
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
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 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"

National Association of Veterinary Technicians in America, Inc.

14 Cited authorities

Advising that "both Converse's use and the use by its competitors" must be considered

Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

Recognizing that indirect evidence, including of "competitive use, evidence that other companies use [a term] in combination with their own . . . marks, third-party registrations and applications for such combined marks," may be relevant for genericness

Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"

Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark

In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).

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

Granting standing under § 1114 to the legal representative of the registrant of a trademark

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"