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Retirement Unlimited Ltd.

88660147 (T.T.A.B. Jan. 10, 2022)
Retirement Unlimited Ltd.

32 Cited authorities

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

    469 U.S. 189 (1985)   Cited 964 times   9 Legal Analyses
    Holding that an incontestable mark cannot be challenged as merely descriptive

  2. Qualitex Co. v. Jacobson Products Co.

    514 U.S. 159 (1995)   Cited 581 times   52 Legal Analyses
    Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

  3. B&B Hardware, Inc. v. Hargis Indus., Inc.

    575 U.S. 138 (2015)   Cited 264 times   7 Legal Analyses
    Holding proceeding before the PTO's Trademark Trial and Appeal Board can have preclusive effect

  4. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 194 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  6. Enzo Biochem, Inc. v. Gen-Probe Inc.

    424 F.3d 1276 (Fed. Cir. 2005)   Cited 62 times   1 Legal Analyses
    Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment

  7. 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

  8. Juice Generation, Inc. v. GS Enterprises LLC

    794 F.3d 1334 (Fed. Cir. 2015)   Cited 29 times   2 Legal Analyses
    Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

  9. Stone Lion Capital Partners, L.P. v. Lion Capital LLP

    746 F.3d 1317 (Fed. Cir. 2014)   Cited 26 times
    Affirming TTAB's finding that the mark STONE LION CAPITAL was similar to the marks LION CAPITAL and LION, finding that little weight should be accorded to the addition of "Stone" because it did not distinguish the marks in the context of the parties' services

  10. In re Viterra Inc.

    671 F.3d 1358 (Fed. Cir. 2012)   Cited 27 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"

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,923 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  12. Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses

    15 U.S.C. § 1115   Cited 1,971 times   35 Legal Analyses
    Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"

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

    15 U.S.C. § 1052   Cited 1,616 times   275 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"

  14. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,057 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark