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Pacific Whale Foundation

87891333 (T.T.A.B. Dec. 18, 2020)
Pacific Whale Foundation

16 Cited authorities

  1. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 30 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  2. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

    786 F.3d 960 (Fed. Cir. 2015)   Cited 31 times   5 Legal Analyses
    Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"

  3. Royal Crown Co. v. Coca-Cola Co.

    892 F.3d 1358 (Fed. Cir. 2018)   Cited 21 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

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

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 58 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

  5. In re Hotels.com

    573 F.3d 1300 (Fed. Cir. 2009)   Cited 23 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

  6. 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"

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

    782 F.2d 987 (Fed. Cir. 1986)   Cited 46 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  8. In re Reed

    482 F.3d 1376 (Fed. Cir. 2007)   Cited 14 times   2 Legal Analyses
    Holding that the Board properly considered websites containing "lawyer.com" or "lawyers.com" in their domain names to determine what the relevant public would understand LAWYERS.COM to mean

  9. 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"

  10. In re Nordic Naturals, Inc.

    755 F.3d 1340 (Fed. Cir. 2014)   Cited 1 times

    No. 2013–1492. 2014-06-23 In re NORDIC NATURALS, INC. Meredith M. Wilkes, Jones Day, of Cleveland, Ohio, for appellant. With her on the brief was Angela R. Gott. Nathan K. Kelley, Deputy General Counsel for Intellectual Property Law and Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, for appellee. With him on the brief were Kristi L.R. Sawert and Christina J. Hieber, Associate Solicitors. Of counsel was Thomas L. Casagrande, Associate Solicitor. REYNA Meredith M. Wilkes

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,914 times   126 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 1,610 times   274 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 1056 - Disclaimer of unregistrable matter

    15 U.S.C. § 1056   Cited 69 times   3 Legal Analyses
    Limiting effect of disclaimers to mark for which registration was sought