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Salt Creek, Inc. v. Hikari Sales USA, Inc.

No. 91158777 (T.T.A.B. Mar. 27, 2007)
Salt Creek, Inc. v. Hikari Sales USA, Inc.

7 Cited authorities

  1. L.D. Kichler Co. v. Davoil, Inc.

    192 F.3d 1349 (Fed. Cir. 1999)   Cited 52 times
    Holding that “any” use by third parties does not preclude an applicant's use from being substantially exclusive

  2. 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

  3. Torres v. Cantine Torresella S.R.L

    808 F.2d 46 (Fed. Cir. 1986)   Cited 52 times   3 Legal Analyses
    Affirming TTAB's cancellation of trademark for fraudulently obtaining registration

  4. 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

  5. Application of Andes Candies Inc.

    478 F.2d 1264 (C.C.P.A. 1973)   Cited 11 times

    Pat. Appeal No. 9065. June 14, 1973. E. Manning Giles, Chicago, Ill., atty. of record, for appellant. Pope, Ballard, Shepard Fowle, Chicago, Ill., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. Jack E. Armore, Washington, D.C., of counsel. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Associate Judges, and ALMOND, Senior Judge. MARKEY, Chief Judge. This is an appeal from the decision of the Trademark Trial and

  6. McCormick Company v. Summers

    354 F.2d 668 (C.C.P.A. 1966)   Cited 9 times
    In McCormick this court said "registrability of a mark must be determined on the basis of facts as they exist at the time when the issue of registrability is under consideration" and it appears to us consistent with McCormick and DeWalt as well as sound in principle to decide in the present appeal that the time when the issue of registrability is under consideration extends at least to the time the application is acted on in the Patent Office.

  7. Wilson v. Delaunay

    245 F.2d 877 (C.C.P.A. 1957)   Cited 11 times
    In Wilson, the board similarly noted that, as between a company seeking to register "Newports" for women's shoes and a company selling outer shirts under the "Newport" brand, the singular form of Newport was materially indistinguishable under those circumstances.