Universal Secure Registry LLC

14 Cited authorities

In re Bayer
488 F.3d 960 (Fed. Cir. 2007) Cited 40 times 2 Legal Analyses
Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark
In re Viterra Inc.
671 F.3d 1358 (Fed. Cir. 2012) Cited 26 times 3 Legal Analyses
Holding 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"
Duopross Meditech Corp. v. Inviro Med. Devices, Ltd.
695 F.3d 1247 (Fed. Cir. 2012) Cited 25 times 4 Legal Analyses
Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"
In re Dial-A-Mattress Operating Corp.
240 F.3d 1341 (Fed. Cir. 2001) Cited 38 times 3 Legal Analyses
Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
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
Magic Wand, Inc. v. RDB, Inc.
940 F.2d 638 (Fed. Cir. 1991) Cited 32 times 1 Legal Analyses
Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"
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
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
Remington Products v. North Am. Philips Corp.
892 F.2d 1576 (Fed. Cir. 1990) Cited 10 times
Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined
Application of Quik-Print Copy Shops, Inc.
616 F.2d 523 (C.C.P.A. 1980) Cited 9 times 1 Legal Analyses
Appeal No. 79-613. March 13, 1980. Arland T. Stein, Pittsburgh, Pa., attorney of record for appellant; Frederick H. Colen and Frederick L. Tolhurst, Pittsburgh, Pa., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents and Trademarks; Jere W. Sears, Washington, D.C., of counsel. Donald R. Fraser, Vincent L. Barker, Jr. and Lynda E. Roesch of Wilson, Fraser, Barker Clemens, Toledo, Ohio, attorneys of record for Quickprint, Inc. Appeal from the Trademark Trial and Appeal
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,914 times 126 Legal Analyses
Requiring 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 1,610 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"

Universal Secure Registry LLC

14 Cited authorities

Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

Holding 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"

Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"

Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

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

Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined

Requiring a filing of a Statement of Use to register a mark

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"