Holding that the Board legally erred in not according sufficient weight to evidence of a mark's fame in a likelihood of confusion analysis, vacating, and remanding for further consideration
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"
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).
15 U.S.C. § 1052 Cited 1,616 times 275 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"