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Right-On Co., Ltd.

No. 79014939 (T.T.A.B. Apr. 16, 2008)
Right-On Co., Ltd.

8 Cited authorities

  1. Tone Bros., Inc. v. Sysco Corp.

    28 F.3d 1192 (Fed. Cir. 1994)   Cited 71 times   2 Legal Analyses
    Considering secondary meaning survey conducted in 1990 even though allegedly infringing product entered the market in 1998

  2. Seabrook Foods v. Bar-Well Foods LTD

    568 F.2d 1342 (C.C.P.A. 1978)   Cited 98 times   11 Legal Analyses
    Setting forth analysis governing inherent distinctiveness of design marks

  3. 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"

  4. Application of McIlhenny Company

    278 F.2d 953 (C.C.P.A. 1960)   Cited 9 times
    Holding that bottle for pepper sauce could not be registered without label where all the submitted advertisements depicted the bottle with labels emphasizing applicant's registered trademark "Tabasco" and its company name

  5. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,802 times   123 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  6. Section 1141f - Effect of filing a request for extension of protection of an international registration to the United States

    15 U.S.C. § 1141f   Cited 7 times   3 Legal Analyses
    Requiring a declaration of "bona fide intention to use the mark in commerce"

  7. Section 1141h - Examination of and opposition to request for extension of protection; notification of refusal

    15 U.S.C. § 1141h   Cited 6 times

    (a) Examination and opposition (1) A request for extension of protection described in section 1141f(a) of this title shall be examined as an application for registration on the Principal Register under this chapter, and if on such examination it appears that the applicant is entitled to extension of protection under this subchapter, the Director shall cause the mark to be published in the Official Gazette of the United States Patent and Trademark Office. (2) Subject to the provisions of subsection

  8. 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