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Packet Engines (WA) Inc.

No. 74476641 (T.T.A.B. Sep. 27, 1999)
Packet Engines (WA) Inc.

14 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. 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

  3. 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"

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

    782 F.2d 987 (Fed. Cir. 1986)   Cited 45 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  5. 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"

  6. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 22 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels

  7. 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

  8. Loglan Institute v. Logical Language Group

    962 F.2d 1038 (Fed. Cir. 1992)   Cited 9 times
    Holding that it is "well settled" that a TTAB decision "must be accepted as controlling upon a finding of fact . . . unless the contrary is established by testimony which in character and amount carries thorough conviction"

  9. In re Bongrain Intern

    894 F.2d 1316 (Fed. Cir. 1990)   Cited 10 times   1 Legal Analyses
    Determining that "[g]rowth in sales" did not prove acquired distinctiveness where it "may indicate the popularity of the product itself rather than recognition of the mark"

  10. Levi Strauss Co. v. Genesco, Inc.

    742 F.2d 1401 (Fed. Cir. 1984)   Cited 13 times
    In Levi Strauss Co. v. Genesco, Inc., 742 F.2d 1401, 222 U.S.P.Q. 939 (Fed. Cir. 1984), we affirmed the Trademark Trial and Appeal Board's refusal to register a mark for a shoe tab. Noting the significant prior use of such tabs by other companies, we held that "Levi's use of a tab on shoes has been neither first nor exclusive," thus, it failed to show that its mark was distinctive.

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

    15 U.S.C. § 1052   Cited 1,599 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"

  12. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 78 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"