17 Cited authorities
Coach Services, Inc. v. Triumph Learning LLC
668 F.3d 1356 (Fed. Cir. 2012) Cited 109 times 4 Legal AnalysesHolding that it is the opposer's burden to prove fame of its mark
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 193 times 33 Legal AnalysesReciting thirteen factors to be considered, referred to as "DuPont factors"
Palm Bay Imp. v. Veuve Clicquot Ponsardin
396 F.3d 1369 (Fed. Cir. 2005) Cited 73 times 4 Legal AnalysesFinding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"
Stone Lion Capital Partners, L.P. v. Lion Capital LLP
746 F.3d 1317 (Fed. Cir. 2014) Cited 26 timesAffirming 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
In re Viterra Inc.
671 F.3d 1358 (Fed. Cir. 2012) Cited 27 times 3 Legal AnalysesHolding 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"
In re Mighty Leaf Tea
601 F.3d 1342 (Fed. Cir. 2010) Cited 22 times 3 Legal AnalysesRejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form
In re Chatam International Inc.
380 F.3d 1340 (Fed. Cir. 2004) Cited 24 times 1 Legal AnalysesHolding 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
Century 21 Real Estate Corp. v. Century Life of America
970 F.2d 874 (Fed. Cir. 1992) Cited 39 timesFinding similarity between "CENTURY 21" and "CENTURY LIFE OF AMERICA" in part because "consumers must first notice th[e] identical lead word"
Bridgestone Americas Tire Operations, LLC v. Federal Corp.
673 F.3d 1330 (Fed. Cir. 2012) Cited 8 timesNo. 2010–1376. 2012-03-16 BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC (formerly Bridgestone Firestone North American Tire, LLC) and Bridgestone Corporation, Appellants, v. FEDERAL CORPORATION, Appellee. Douglas A. Rettew, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for appellants. With him on the brief was Danny M. Awdeh. Everett E. Fruehling, Christensen, O'Connor Johnson Kindness PLLC, of Seattle, Washington, argued for appellee. NEWMAN Douglas A. Rettew, Finnegan
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 timesNo. 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
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,921 times 127 Legal AnalysesRequiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,615 times 274 Legal AnalysesGranting 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"