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Herschend Adventure Holdings, LLC

No. 87562135 (T.T.A.B. Jan. 15, 2019)
Herschend Adventure Holdings, LLC

13 Cited authorities

  1. Wal-Mart Stores, Inc. v. Samara Brothers, Inc.

    529 U.S. 205 (2000)   Cited 793 times   41 Legal Analyses
    Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

  2. Qualitex Co. v. Jacobson Products Co.

    514 U.S. 159 (1995)   Cited 573 times   51 Legal Analyses
    Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

  3. Converse, Inc. v. Int'l Trade Comm'n

    907 F.3d 1361 (Fed. Cir. 2018)   Cited 38 times   3 Legal Analyses
    Holding party must prove design acquired secondary meaning before first infringement

  4. In re Int'l Flavors Fragrances Inc.

    183 F.3d 1361 (Fed. Cir. 1999)   Cited 59 times   4 Legal Analyses
    Noting "[t]he federal registration of a trademark does not create an exclusive property right in the mark"

  5. In re Owens-Corning Fiberglas Corp.

    774 F.2d 1116 (Fed. Cir. 1985)   Cited 61 times   4 Legal Analyses
    Holding that the "pink" color of insulation was non-functional because it did not affect the quality of insulation in that the color used had no effect on the product's ability to regulate a building's temperature

  6. 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"

  7. 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

  8. In re Thrifty, Inc.

    274 F.3d 1349 (Fed. Cir. 2001)   Cited 10 times
    Applying the material alteration standard in affirming the Board's rejection of an amendment to a rejected trademark application

  9. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,882 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 1,599 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 2.52 - Types of drawings and format for drawings

    37 C.F.R. § 2.52   Cited 29 times
    Providing rules for applicants “who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color”

  12. Section 2.34 - Bases for filing a trademark or service mark application

    37 C.F.R. § 2.34   Cited 14 times   24 Legal Analyses

    (a) An application for a trademark or service mark must include one or more of the following five filing bases: (1)Use in commerce under section 1(a) of the Act. The requirements for an application under section 1(a) of the Act are: (i) The applicant's verified statement that the mark is in use in commerce. If the verified statement is not filed with the initial application, the verified statement must also allege that the mark was in use in commerce as of the application filing date; (ii) The date

  13. Section 2.51 - Drawing required

    37 C.F.R. § 2.51   Cited 13 times
    Allowing a typed drawing for marks consisting of words that are not depicted in special form