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Nordic Naturals, Inc.

No. 77131419 (T.T.A.B. Mar. 27, 2013)
Nordic Naturals, Inc.

13 Cited authorities

  1. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 57 times   4 Legal Analyses
    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

  2. In re Hotels.com

    573 F.3d 1300 (Fed. Cir. 2009)   Cited 22 times   4 Legal Analyses
    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

  3. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  4. In re Northland Aluminum Products, Inc.

    777 F.2d 1556 (Fed. Cir. 1985)   Cited 49 times
    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"

  5. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 44 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  6. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 32 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  7. 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).

  8. In re Gould Paper Corp.

    834 F.2d 1017 (Fed. Cir. 1987)   Cited 20 times   3 Legal Analyses
    Holding that the compound term "SCREEN-WIPE" is generic as applied to wipes for cleaning monitor screens

  9. In re Bongrain Intern

    894 F.2d 1316 (Fed. Cir. 1990)   Cited 10 times   1 Legal Analyses

    No. 89-1536. January 23, 1990. Thomas E. Young, Body, Vickers Daniels, Cleveland, Ohio, argued for appellant. With him on the brief was Robert V. Vickers. Albin F. Drost, Associate Sol., Office of the Sol., of Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Before NEWMAN and MAYER Circuit Judges, and DUMBAULL Senior District Judge. The Honorable Edward Dumbauld, Senior

  10. In re Budge Mfg. Co., Inc.

    857 F.2d 773 (Fed. Cir. 1988)   Cited 11 times   1 Legal Analyses

    Appeal No. 87-1541. September 21, 1988. Eugene E. Renz, Jr., Eugene E. Renz, Jr., P.C., Media, Pa., argued for appellant. With him on the brief was John S. Munday. Albin F. Drost, Asst. Sol., Com'r of Patents and Trademarks, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Solicitor. Appeal from the Trademark Trial and Appeal Board. Before NIES and BISSELL, Circuit Judges, and NICHOLS, Senior Circuit Judge. NIES, Circuit Judge.

  11. 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"