§

Tractor Supply Co. of Texas, LP

No. 85259331 (T.T.A.B. Apr. 8, 2013)
Tractor Supply Co. of Texas, LP

15 Cited authorities

  1. Beckwith v. Commr. of Patents

    252 U.S. 538 (1920)   Cited 175 times   1 Legal Analyses
    Defining “composite marks” as those which “contain both registerable and nonregisterable matter”

  2. In re Oppedahl & Larson LLP

    373 F.3d 1171 (Fed. Cir. 2004)   Cited 30 times   1 Legal Analyses
    Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

  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. In re Chamber of Commerce of the United States

    675 F.3d 1297 (Fed. Cir. 2012)   Cited 8 times   2 Legal Analyses

    No. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor

  5. In re MBNA America Bank, N.A.

    340 F.3d 1328 (Fed. Cir. 2003)   Cited 11 times   1 Legal Analyses
    Noting that arbitrary marks are inherently distinctive

  6. In re Stereotaxis, Inc.

    429 F.3d 1039 (Fed. Cir. 2005)   Cited 7 times
    Affirming TTAB's finding that STEREOTAXIS was descriptive of certain magnetic medical devices and services because it described their functions and purposes—performing the “stereotaxis” brain surgery technique

  7. Application of Abcor Development Corp.

    588 F.2d 811 (C.C.P.A. 1978)   Cited 36 times   2 Legal Analyses
    In Abcor, the question before the court was whether applicant's alleged mark (GASBADGE) was "merely descriptive" within the meaning of § 2(e)(1) of the Lanham Act, 15 U.S.C. § 1052(e)(1).

  8. In re Hutchinson Technology Inc.

    852 F.2d 552 (Fed. Cir. 1988)   Cited 19 times   2 Legal Analyses
    Holding that the issue presented by a composite mark consisting of personal names is "what the purchasing public would think when confronted with the mark as a whole"

  9. In re Gyulay

    820 F.2d 1216 (Fed. Cir. 1987)   Cited 14 times   1 Legal Analyses
    Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

  10. In re Omaha Nat. Corp.

    819 F.2d 1117 (Fed. Cir. 1987)   Cited 4 times   1 Legal Analyses

    Appeal No. 86-1567. May 20, 1987. Dennis L. Thomte, Zarley, McKee, Thomte, Voorhees Sease, Omaha, Neb., argued for appellant. Nancy C. Slutter, Asst. Sol., Arlington, Va., argued for appellee. With her on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol., Washington, D.C. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. Before NIES, Circuit Judge, COWEN, Senior Circuit Judge, and ARCHER, Circuit Judge. NIES, Circuit Judge. Omaha National Bank appeals

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

    15 U.S.C. § 1052   Cited 1,585 times   272 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 1056 - Disclaimer of unregistrable matter

    15 U.S.C. § 1056   Cited 69 times   3 Legal Analyses
    Limiting effect of disclaimers to mark for which registration was sought

  13. Section 2.142 - Time and manner of ex parte appeals

    37 C.F.R. § 2.142   Cited 3 times   1 Legal Analyses

    (a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty