Legal Opinion

In Re Shell Oil Company

Court of Appeals for the Federal Circuit

Decided July 2, 1993No. 92-1211PublishedCited by 96 opinions

1Opinion of the Court

PAULINE NEWMAN, Circuit Judge.

Shell Oil Company appeals the decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, refusing to register the service mark RIGHT-A-WAY and arrow design for “service station oil and lubrication change services”.1

Background

On September 19, 1988 Shell Oil filed application Serial No. 73/753,045 to register the following service mark:

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Shell claimed use since August 5, 1988.

The examiner refused registration based on section 2(d) of the Lanham Trademark Act,2 citing the registration on January 17, 1984 of the…

2Cases cited21 opinions

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  2. In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
  3. Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
  4. In Re National Data CorporationCourt of Appeals for the Federal Circuit · 1985
  5. Octocom Systems, Inc. v. Houston Computer Services, Inc.Court of Appeals for the Federal Circuit · 1990

16 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. Tom Cunningham v. Laser Golf Corporation (Now Known as Belair Golf)Court of Appeals for the Federal Circuit · 2000
  2. Coach Services, Inc. v. Triumph Learning LLCCourt of Appeals for the Federal Circuit · 2012
  3. In Re Majestic Distilling Company, IncCourt of Appeals for the Federal Circuit · 2003
  4. Xtreme Lashes, LLC v. Xtended Beauty, Inc.Court of Appeals for the Fifth Circuit · 2009
  5. Herbko International, Inc. v. Kappa Books, Inc.Court of Appeals for the Federal Circuit · 2002

91 more not listed; retrieve them via the Exa API.

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