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Thomas W. Sherwood

No. 76157184 (T.T.A.B. Sep. 22, 2003)
Thomas W. Sherwood

12 Cited authorities

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

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  2. In re Int'l Flavors Fragrances Inc.

    183 F.3d 1361 (Fed. Cir. 1999)   Cited 60 times   4 Legal Analyses
    Noting that "[t]he federal registration of a trademark does not create an exclusive property right in the mark."

  3. In re Nat. Data Corp.

    753 F.2d 1056 (Fed. Cir. 1985)   Cited 73 times   1 Legal Analyses
    Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

  4. In re Martin's Famous Pastry Shoppe, Inc.

    748 F.2d 1565 (Fed. Cir. 1984)   Cited 18 times
    Finding likelihood of confusion between "Martin's" for bread and "Martin's" for cheese, since the products "travel in the same channels of trade," are sold by the "same retail outlets," and are "often used in combination"

  5. In re Hyper Shoppes (Ohio), Inc.

    837 F.2d 463 (Fed. Cir. 1988)   Cited 11 times   1 Legal Analyses
    Finding similarity between furniture and "general merchandise store services," and rejecting the distinction between goods and services as having "little or no legal significance"

  6. 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

  7. In re Research and Trading Corp.

    793 F.2d 1276 (Fed. Cir. 1986)   Cited 5 times

    Appeal No. 86-705. June 12, 1986. Peter J. Georges, of Russell, Georges, Brenenman, Hellwege Yee, Arlington, Va., for appellant. Nancy C. Slutter, of the Office of the Solicitor, Arlington, Va., for Com'r of Patents and Trademarks. With her on brief were Joseph F. Nakamura, Solicitor, Fred E. McKelvey, Deputy Solicitor and Julie Seyler, Trademark Examining Atty. Appeal from the Trademark Trial and Appeal Board. Before SMITH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge

  8. Application of Cooper

    254 F.2d 611 (C.C.P.A. 1958)   Cited 22 times   2 Legal Analyses
    Upholding trademark office's refusal to register a book title as a trademark, but noting that "the rights in book titles are afforded appropriate protection under the law of unfair competition"

  9. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,910 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,607 times   274 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"

  11. Section 1065 - Incontestability of right to use mark under certain conditions

    15 U.S.C. § 1065   Cited 1,132 times   16 Legal Analyses
    Listing the requirements for incontestability

  12. Section 1070 - Appeals to Trademark Trial and Appeal Board from decisions of examiners

    15 U.S.C. § 1070   Cited 12 times   1 Legal Analyses
    Providing that "[a]n appeal may be taken to the [TTAB] from any final decision of the examiner in charge of the registration of marks"