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Tempting Brands Netherlands B.V.

No. 79161682 (T.T.A.B. Apr. 11, 2017)
Tempting Brands Netherlands B.V.

17 Cited authorities

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

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 104 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 188 times   30 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  3. In re Cordua Rests., Inc.

    823 F.3d 594 (Fed. Cir. 2016)   Cited 25 times   7 Legal Analyses
    Holding that certain words referring to key aspects of a genus of services were generic for those services

  4. In re Chatam International Inc.

    380 F.3d 1340 (Fed. Cir. 2004)   Cited 23 times   1 Legal Analyses
    Holding that appellant's JOSE GASPAR GOLD mark is "nearly identical" to registrant's GASPAR'S ALE mark once the descriptive and non-dominant terms JOSE, GOLD and ALE are properly discounted

  5. M2 Software, Inc. v. M2 Communications, Inc.

    450 F.3d 1378 (Fed. Cir. 2006)   Cited 14 times   2 Legal Analyses
    Upholding board's finding of no likelihood of confusion between marks after finding that parties' multimedia CD-Roms were not similar and had different channels of trade; one party's product was used strictly in the film and music industries and the other's was used in the fields of pharmacy and medicine.

  6. 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

  7. In re Majestic Distilling Co., Inc.

    315 F.3d 1311 (Fed. Cir. 2003)   Cited 11 times   1 Legal Analyses
    Holding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion

  8. B.V.D. Licensing Corp. v. Body Action Design

    846 F.2d 727 (Fed. Cir. 1988)   Cited 22 times
    Relying on fourteen registrations issued between 1906 to 1983 and stating that dictionaries defined "B.V.D." as a trademark used for underwear

  9. SquirtCo v. Tomy Corp.

    697 F.2d 1038 (Fed. Cir. 1983)   Cited 12 times
    Rejecting argument that SQUIRT SQUAD in standard letters is distinct from SQUIRT registered in “distinctive lettering on a dark medallion”; “[b]y presenting its mark merely in a typed drawing, a difference cannot legally be asserted by that party”

  10. Federated Foods v. Fort Howard Paper Co.

    544 F.2d 1098 (C.C.P.A. 1976)   Cited 16 times   1 Legal Analyses
    Stating that the mere existence of modern supermarket containing wide variety or products should not foreclose further inquiry into the likelihood of confusion arising from the use of similar marks on any goods so displayed

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

    15 U.S.C. § 1052   Cited 1,585 times   271 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 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"

  13. Section 1141k - Duration, affidavits and fees

    15 U.S.C. § 1141k   Cited 3 times   15 Legal Analyses
    Setting forth requirements for timely affidavit of use or justifiable non-use