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CNS, Inc.

11 Cited authorities

  1. Braun Inc. v. Dynamics Corp. of America

    975 F.2d 815 (Fed. Cir. 1992)   Cited 174 times
    Holding that " claim of trade dress infringement fails if secondary meaning did not exist before the infringement began" and placing the burden of proof on the plaintiff

  2. In re Pacer Technology

    338 F.3d 1348 (Fed. Cir. 2003)   Cited 47 times   1 Legal Analyses

    No. 02-1602. DECIDED: August 4, 2003. Appeal from the Court of Appeals, Gajarsa, Circuit Judge. Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant. Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor. Before LOURIE, GAJARSA, and LINN, Circuit Judges. GAJARSA

  3. In re Steelbuilding.com

    415 F.3d 1293 (Fed. Cir. 2005)   Cited 26 times   2 Legal Analyses
    Affirming the refusal of the Patent and Trademark Office to register the mark STEELBUILDING.COM, because the mark was descriptive of online services for the design of steel buildings, and lacked secondary meaning

  4. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  5. In re Boston Beer Co. Ltd. Partnership

    198 F.3d 1370 (Fed. Cir. 1999)   Cited 14 times   1 Legal Analyses
    Holding that the claim "The Best Beer in America" amounted to mere puffery

  6. In re Bongrain Intern

    894 F.2d 1316 (Fed. Cir. 1990)   Cited 10 times   1 Legal Analyses
    Determining that "[g]rowth in sales" did not prove acquired distinctiveness where it "may indicate the popularity of the product itself rather than recognition of the mark"

  7. In re Bose Corp.

    546 F.2d 893 (C.C.P.A. 1976)   Cited 1 times

    Patent Appeal No. 76-581. December 16, 1976. Charles Hieken, Hieken Cohen, Waltham, Mass., atty. of record, for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Fred W. Sherling, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. LANE, Judge. This is an appeal from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the refusal to register SYNCOM for loudspeaker

  8. Planters Nut Chocolate Co. v. Crown Nut

    305 F.2d 916 (C.C.P.A. 1962)   Cited 12 times

    Patent Appeal No. 6812. August 15, 1962. Mason, Fenwick Lawrence, Boynton P. Livingston, Washington, D.C. (G. Cabell Busick, Washington, D.C., of counsel), for appellant. Robert K. Youtie, Philadelphia, Pa., for appellee. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Judge O'CONNELL, pursuant to provisions of Section 294(d), Title

  9. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,878 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1052   Cited 1,597 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"

  11. Section 2.56 - Specimens

    37 C.F.R. § 2.56   Cited 19 times   1 Legal Analyses

    (a) An application under section 1(a) of the Act, an amendment to allege use under § 2.76 , a statement of use under § 2.88 , an affidavit or declaration of continued use or excusable nonuse under § 2.160 , or an affidavit or declaration of use or excusable nonuse under § 7.36 must include one specimen per class showing the mark as actually used in commerce on or in connection with the goods or services identified. When requested by the Office as reasonably necessary to proper examination, additional