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Zimmerman v. National Association of Realtors

No. 92040141 (T.T.A.B. Mar. 31, 2004)
Zimmerman v. National Association of Realtors

11 Cited authorities

  1. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 57 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

  2. In re Northland Aluminum Products, Inc.

    777 F.2d 1556 (Fed. Cir. 1985)   Cited 49 times
    Holding "[e]vidence of the public's understanding of term," for purposes of establishing if mark is descriptive, "may be obtained from any competent source, including .^.^. dictionaries"

  3. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 44 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  4. 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"

  5. Dan Robbins Associates v. Questor Corp.

    599 F.2d 1009 (C.C.P.A. 1979)   Cited 27 times
    Involving cancellation for likelihood of confusion

  6. Bayer Co. v. United Drug Co.

    272 F. 505 (S.D.N.Y. 1921)   Cited 146 times   2 Legal Analyses
    Finding the media sources ambiguous as to the relevant public perception of the product at issue because "[t]he test is the common usage or understanding by the usual buyer and other relevant members of the public."

  7. In re Montrachet S.A

    878 F.2d 375 (Fed. Cir. 1989)   Cited 5 times   1 Legal Analyses

    No. 89-1114. June 30, 1989. John J. McGlew, McGlew Tuttle, P.C., New York City, argued for appellant. Nancy Slutter, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With her on the brief was Fred E. McKelvey, Sol. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and NEWMAN, Circuit Judge. PAULINE NEWMAN, Circuit Judge. Appellant Montrachet S.A., a French company, appeals the decision of

  8. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,115 times   12 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

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

    15 U.S.C. § 1127   Cited 2,948 times   95 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  10. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 887 times   48 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  11. Section 2.120 - Discovery

    37 C.F.R. § 2.120   Cited 22 times   5 Legal Analyses
    Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"