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December 10, 2009

North Face Apparel Corp. v. Williams Pharmacy, Inc., et al.
North Face files lawsuit for trademark infringement and dilution against South Butt.

November 6, 2009

In re 1800mattress.com
MATTRESS.COM was affirmed by the CAFC as generic for selling mattresses online.
August 31, 2009

In re Bose
CAFC affirmed that an intent to deceive in renewal of a registration required making a statement while knowing the statement to be false. Mere mistake or negligence does not rise to fraud on the USPTO.
Other resources for trademark services, searches, etc.,
with links to other sites trademark resources

S




Secondary Meaning

A showing that a Mark has become distinctive in relation to a particular source’s goods or services in commerce


Senior User

The first, or earliest of a group of users, to use a Mark – their rights are typically greater than those of the Junior Users


Services

Work performed for another for a fee


Specimen

A piece of advertising material that shows the Mark in association with goods or services offered


Standard Character Mark

A word Mark – letters and numerals only in a standard font


Stylized Mark

A word Mark, but in a non-standard font or shaped into an unusual pattern


Service Mark

A trademark that designates a source of services


Statement of Use or Continued Use

See Allegation or Affidavit of Use or Continued Use


Suggestive Mark

Better than a Descriptive Mark – requires thought to associate it with the goods/services that it identifies. Example FORTUNE for magazines about money (although this could be considered descriptive)


Supplemental Register

This is a place for Marks that are not otherwise registrable on the Principal Register, such as merely descriptive Marks – after five years on the Supplemental Register, a new application for registration on the Principal Register may be brought with the time spent being evidence of gaining Acquired Distinctiveness


Surname

A person’s common surname that is not also a common non-name word – considered to be merely Descriptive and thus not registrable ordinarily on the Principal Register; that is, Henry Ford’s surname could also mean a place where someone crosses a stream of water and thus would be registrable without a Surname rejection.



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