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Nextiva, Inc.

No. 86346182 (T.T.A.B. Jan. 5, 2016)
Nextiva, Inc.

21 Cited authorities

  1. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  2. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 194 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  3. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 73 times   4 Legal Analyses
    Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

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

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 78 times
    Applying Recot in analyzing the similarity of services

  5. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 76 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

  6. Stone Lion Capital Partners, L.P. v. Lion Capital LLP

    746 F.3d 1317 (Fed. Cir. 2014)   Cited 26 times
    Affirming TTAB's finding that the mark STONE LION CAPITAL was similar to the marks LION CAPITAL and LION, finding that little weight should be accorded to the addition of "Stone" because it did not distinguish the marks in the context of the parties' services

  7. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 27 times   3 Legal Analyses
    Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

  8. In re Chatam International Inc.

    380 F.3d 1340 (Fed. Cir. 2004)   Cited 24 times   1 Legal Analyses
    Holding that appellant's JOSE GASPAR GOLD mark is "nearly identical" to registrant's GASPAR'S ALE mark once the descriptive and non-dominant terms JOSE, GOLD and ALE are properly discounted

  9. Stoncor Grp., Inc. v. Specialty Coatings, Inc.

    759 F.3d 1327 (Fed. Cir. 2014)   Cited 9 times

    No. 2013–1448. 2014-07-16 STONCOR GROUP, INC., Appellant, v. SPECIALTY COATINGS, INC., Appellee. Charles N. Quinn, Fox Rothschild LLP, of Exton, PA, argued for appellant. Matthew Seifert, Hoxie & Associates, LLC, of Millburn, NJ, argued for appellee. On the brief was Thomas Hoxie. HUGHES Charles N. Quinn, Fox Rothschild LLP, of Exton, PA, argued for appellant. Matthew Seifert, Hoxie & Associates, LLC, of Millburn, NJ, argued for appellee. On the brief was Thomas Hoxie. Before TARANTO and HUGHES,

  10. Octocom Systems v. Houston Computer Services

    918 F.2d 937 (Fed. Cir. 1990)   Cited 28 times

    No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,923 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,616 times   275 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"

  13. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,057 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  14. Section 2.71 - Amendments to correct informalities

    37 C.F.R. § 2.71   Cited 12 times   3 Legal Analyses

    The applicant may amend the application during the course of examination, when required by the Office or for other reasons. (a) The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services or the description of the nature of the collective membership organization. (b) (1) If the verified statement in an application under § 2.33 is unsigned or signed by the wrong party, the applicant may submit a substitute verification. (2) If the verified

  15. Section 2.32 - Requirements for a complete trademark or service mark application

    37 C.F.R. § 2.32   Cited 8 times   4 Legal Analyses
    Stating that registrants must submit an English translation of any non-English wording and "[i]f the mark includes non-Latin characters, a transliteration of those characters, and either a translation of the transliterated term in English, or a statement that the transliterated term has no meaning in English"