Gear Int'l. Trading Co.

21 Cited authorities

In re Nat. Data Corp.
753 F.2d 1056 (Fed. Cir. 1985) Cited 73 times 1 Legal Analyses
Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"
In re Dial-A-Mattress Operating Corp.
240 F.3d 1341 (Fed. Cir. 2001) Cited 38 times 3 Legal Analyses
Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
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
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
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"
H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.
782 F.2d 987 (Fed. Cir. 1986) Cited 46 times 8 Legal Analyses
Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
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
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"
S.S. Kresge Co. v. United Factory Outlet, Inc.
598 F.2d 694 (1st Cir. 1979) Cited 39 times
Recognizing that change in usage could alter a word's generic status, but finding that such a shift has not yet occurred in the case of "The Mart"
Application of Abcor Development Corp.
588 F.2d 811 (C.C.P.A. 1978) Cited 36 times 2 Legal Analyses
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).

Gear Int'l. Trading Co.

21 Cited authorities

Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

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

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

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"

Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

Holding that an earlier precedential decision is binding precedent on later panels

Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

Recognizing that change in usage could alter a word's generic status, but finding that such a shift has not yet occurred in the case of "The Mart"

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).