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Office Furniture Concierge, LLC

No. 85263144 (T.T.A.B. Jan. 16, 2013)
Office Furniture Concierge, LLC

23 Cited authorities

  1. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 188 times   30 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  3. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 72 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"

  4. Giant Food, Inc. v. Nation's Foodservice

    710 F.2d 1565 (Fed. Cir. 1983)   Cited 86 times
    Holding that the shared term GIANT is the dominant portion of the marks, which supports a finding that there would be a likelihood of confusion between them

  5. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 26 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"

  6. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 70 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  7. In re Dixie Restaurants, Inc.

    105 F.3d 1405 (Fed. Cir. 1997)   Cited 33 times
    Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

  8. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 11 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  9. Weiss Associates, Inc. v. HRL Associates, Inc.

    902 F.2d 1546 (Fed. Cir. 1990)   Cited 21 times
    Affirming denial of registration of "TMM" mark for software because: it was likely to be confused with a registered mark "TMS," also used for software; "[t]he marks sound alike and look alike; and "[t]he products are very similar and directly compete."

  10. Kellogg Co. v. Pack'em Enterprises, Inc.

    951 F.2d 330 (Fed. Cir. 1991)   Cited 14 times
    Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

  11. 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

  12. 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"