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Wal-Mart Stores, Inc.

No. 86261962 (T.T.A.B. Jan. 11, 2019)
Wal-Mart Stores, Inc.

25 Cited authorities

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

    469 U.S. 189 (1985)   Cited 941 times   7 Legal Analyses
    Holding that an incontestable mark cannot be challenged as merely descriptive

  2. Permanent v. Lasting

    543 U.S. 111 (2004)   Cited 328 times   5 Legal Analyses
    Holding defense available even where likelihood of confusion established

  3. America Online, Inc. v. AT&T Corp.

    243 F.3d 812 (4th Cir. 2001)   Cited 92 times
    Holding that trademark "registrant obtains prima facie evidence that its mark is not generic in the eyes of the relevant public, and that its mark is not merely descriptive, but at a minimum is descriptive and has obtained secondary meaning"

  4. In re Morganroth

    718 F.2d 161 (6th Cir. 1983)   Cited 146 times   1 Legal Analyses
    Holding that waiver of privilege against self-incrimination is "proceeding specific"

  5. In re Morton-Norwich Products, Inc.

    671 F.2d 1332 (C.C.P.A. 1982)   Cited 108 times   2 Legal Analyses
    Holding that configuration of "Glass Plus" spray-bottle warranted trademark protection

  6. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 39 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

  7. 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

  8. Cosmetically Sealed Industries, Inc. v. Chesebrough-Pond's USA Co.

    125 F.3d 28 (2d Cir. 1997)   Cited 51 times
    Holding that phrase "Sealed With a Kiss" was a non-trademark, descriptive use because it conveyed an instruction

  9. In re Chippendales USA, Inc.

    622 F.3d 1346 (Fed. Cir. 2010)   Cited 22 times   5 Legal Analyses
    Holding that whether the trade dress was "a common basic shape or design" was "inapplicable" because "there has been no showing that the [trade dress] is common generally"

  10. 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"

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,806 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  12. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,954 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  13. 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"

  14. Section 1053 - Service marks registrable

    15 U.S.C. § 1053   Cited 99 times   1 Legal Analyses
    Applying same requirement to registration of service marks