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Flowplay, Inc.

22 Cited authorities

  1. Patent and Trademark Office v. Booking.com B. V.

    140 S. Ct. 2298 (2020)   Cited 61 times   8 Legal Analyses
    Holding that whether a term is generic "depends on whether consumers in fact perceive that term as the name of a class or, instead, as a term capable of distinguishing among members of the class"

  2. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 40 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

  3. Beckwith v. Commr. of Patents

    252 U.S. 538 (1920)   Cited 177 times   1 Legal Analyses
    Defining “composite marks” as those which “contain both registerable and nonregisterable matter”

  4. Duopross Meditech Corp. v. Inviro Med. Devices, Ltd.

    695 F.3d 1247 (Fed. Cir. 2012)   Cited 25 times   4 Legal Analyses
    Holding that, although the Board may "ascertain the meaning and weight of each of the components that makes up the mark," it "ultimately must consider the mark as a whole and do so in the context of the goods or services at issue"

  5. In re I.Am.Symbolic, LLC

    866 F.3d 1315 (Fed. Cir. 2017)   Cited 17 times
    Finding that the similarity of the marks weighed heavily in favor of a likelihood of confusion

  6. In re Oppedahl & Larson LLP

    373 F.3d 1171 (Fed. Cir. 2004)   Cited 30 times   1 Legal Analyses
    Holding that courts "may weigh the individual components of the mark" to assess its overall distinctiveness

  7. 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"

  8. In re Trivita, Inc.

    783 F.3d 872 (Fed. Cir. 2015)   Cited 6 times   2 Legal Analyses

    No. 2014–1383. 04-17-2015 In re TRIVITA, INC., Appellant. Adam Stephenson, Adam R. Stephenson, LTD., Tempe, AZ, for appellant. Nathan K. Kelley, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for appellee. Also represented by Thomas L. Casagrande, Christina Hieber, Thomas W. Krause. NEWMAN, Circuit Judge. Adam Stephenson, Adam R. Stephenson, LTD., Tempe, AZ, for appellant. Nathan K. Kelley, Office of the Solicitor, United States Patent and Trademark Office, Alexandria

  9. In re Chamber of Commerce of the United States

    675 F.3d 1297 (Fed. Cir. 2012)   Cited 8 times   2 Legal Analyses

    No. 2011–1330. 2012-04-3 In re The CHAMBER OF COMMERCE OF THE UNITED STATES of America. William M. Merone, Kenyon & Kenyon, LLP, of Washington, DC, argued for appellant. With him on the brief was Edward T. Colbert. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Sydney O. Johnson, Jr., Associate Solicitor. Of counsel was Thomas V. Shaw, Associate Solicitor

  10. In re Shinnecock Smoke Shop

    571 F.3d 1171 (Fed. Cir. 2009)   Cited 7 times   1 Legal Analyses

    No. 2009-1100. July 1, 2009. Rehearing and Rehearing En Banc Denied August 28, 2009. Scott Michael Moore, Moore International Law Offices, of New York, NY, argued for appellant. Thomas V. Shaw, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Shannon M. Hansen, Associate Solicitor. Of counsel was Christina J

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,904 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  12. Section 1053 - Service marks registrable

    15 U.S.C. § 1053   Cited 100 times   1 Legal Analyses
    Applying same requirement to registration of service marks

  13. Section 2.71 - Amendments to correct informalities

    37 C.F.R. § 2.71   Cited 12 times   3 Legal Analyses

    The applicant may amend the application during the course of examination, when required by the Office or for other reasons. (a) The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services or the description of the nature of the collective membership organization. (b) (1) If the verified statement in an application under § 2.33 is unsigned or signed by the wrong party, the applicant may submit a substitute verification. (2) If the verified

  14. Section 2.32 - Requirements for a complete trademark or service mark application

    37 C.F.R. § 2.32   Cited 8 times   4 Legal Analyses
    Stating that registrants must submit an English translation of any non-English wording and "[i]f the mark includes non-Latin characters, a transliteration of those characters, and either a translation of the transliterated term in English, or a statement that the transliterated term has no meaning in English"

  15. Section 2.142 - Time and manner of ex parte appeals

    37 C.F.R. § 2.142   Cited 3 times   1 Legal Analyses

    (a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty