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PetCon Conference LLC

87796983 (T.T.A.B. Nov. 14, 2019)
PetCon Conference LLC

15 Cited authorities

  1. In re Pacer Technology

    338 F.3d 1348 (Fed. Cir. 2003)   Cited 46 times   1 Legal Analyses

    No. 02-1602. DECIDED: August 4, 2003. Appeal from the Court of Appeals, Gajarsa, Circuit Judge. Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant. Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor. Before LOURIE, GAJARSA, and LINN, Circuit Judges. GAJARSA

  2. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 39 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

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

    892 F.3d 1358 (Fed. Cir. 2018)   Cited 20 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. Duopross Meditech Corp. v. Inviro Med. Devices, Ltd.

    695 F.3d 1247 (Fed. Cir. 2012)   Cited 24 times   4 Legal Analyses
    Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"

  5. In re Oppedahl & Larson LLP

    373 F.3d 1171 (Fed. Cir. 2004)   Cited 30 times   1 Legal Analyses
    Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

  6. Real Foods Pty Ltd. v. Frito-Lay N. Am., Inc.

    906 F.3d 965 (Fed. Cir. 2018)   Cited 12 times   1 Legal Analyses

    2017-1959, 2017-2009 09-21-2018 REAL FOODS PTY LTD., Appellant v. FRITO-LAY NORTH AMERICA, INC., Cross-Appellant Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued for appellant. Also represented by Stephanie Spangler ; Kelly Watkins, Allentown, PA. William G. Barber, Pirkey Barber LLP, Austin, TX, argued for cross-appellant. Also represented by Tyson David Smith, David Armendariz. Wallach, Circuit Judge. Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued

  7. In re Nett Designs, Inc.

    236 F.3d 1339 (Fed. Cir. 2001)   Cited 28 times
    Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

  8. In re N.C. Lottery

    866 F.3d 1363 (Fed. Cir. 2017)   Cited 10 times   1 Legal Analyses

    2016-2558 08-10-2017 IN RE: NORTH CAROLINA LOTTERY, Appellant David E. Bennett, Coats & Bennett, PLLC, Cary, NC, argued for appellant. Also represented by David D. Kalish. William Lamarca, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Joseph Matal. Also represented by Nathan K. Kelley, Thomas L. Casagrande, Christina Hieber. Prost, Chief Judge. David E. Bennett , Coats & Bennett, PLLC, Cary, NC, argued for appellant. Also represented by David

  9. In re Chamber of Commerce of the United States

    675 F.3d 1297 (Fed. Cir. 2012)   Cited 8 times   2 Legal Analyses

    No. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor

  10. 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).

  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"

  13. Section 2.61 - Action by examiner

    37 C.F.R. § 2.61   Cited 6 times   3 Legal Analyses

    (a) Applications for registration, including amendments to allege use under section 1(c) of the Act, and statements of use under section 1(d) of the Act, will be examined and, if the applicant is found not entitled to registration for any reason, applicant will be notified and advised of the reasons therefor and of any formal requirements or objections. (b) The Office may require the applicant to furnish such information, exhibits, affidavits or declarations, and such additional specimens as may