Sharp Kabushiki Kaisha

7 Cited authorities

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"
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).
University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.
703 F.2d 1372 (Fed. Cir. 1983) Cited 20 times 2 Legal Analyses
In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
In re Gyulay
820 F.2d 1216 (Fed. Cir. 1987) Cited 14 times 1 Legal Analyses
Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive
Remington Products v. North Am. Philips Corp.
892 F.2d 1576 (Fed. Cir. 1990) Cited 10 times
Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined
De Walt, Inc. v. Magna Power Tool Corp.
289 F.2d 656 (C.C.P.A. 1961) Cited 25 times
In DeWalt, Inc. v. Magna Power Tool Corp., 289 F.2d 656, 48 CCPA 909, at CCPA p. 918, we pointed out that "damage" will be presumed or inferred when the mark sought to be registered is descriptive of the goods of the opposer and the opposer is one who has an interest in using the descriptive term in its business, collecting a number of cases supporting the point.
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,606 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"

Sharp Kabushiki Kaisha

7 Cited authorities

In re Nett Designs, Inc.

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"

Application of Abcor Development Corp.

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).

University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.

In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.

In re Gyulay

Stating that the Board did not err in affirming the examiner's prima facie case that the mark was merely descriptive

Remington Products v. North Am. Philips Corp.

Holding that the phrase "travel care" had "gone into the public domain as a category of goods designation in the marketplace by reason of its extensive use as such" by the time the trademark registration was sought, the point at which the descriptiveness of the mark is properly determined

De Walt, Inc. v. Magna Power Tool Corp.

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"