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Entertainment Properties Trust

No. 78664423 (T.T.A.B. Jul. 31, 2008)
Entertainment Properties Trust

10 Cited authorities

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

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 58 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 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"

  3. 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

  4. 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"

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

    782 F.2d 987 (Fed. Cir. 1986)   Cited 47 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  6. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 23 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels

  7. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 33 times   2 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  8. In re Gould Paper Corp.

    834 F.2d 1017 (Fed. Cir. 1987)   Cited 20 times   3 Legal Analyses
    Holding that the compound term "SCREEN-WIPE" is generic as applied to wipes for cleaning monitor screens

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

    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"

  10. Section 1091 - Supplemental register

    15 U.S.C. § 1091   Cited 80 times
    Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"