Legal Opinion

In Re Dr Pepper Company

Court of Appeals for the Federal Circuit

Decided December 24, 1987No. 86-1691PublishedCited by 27 opinions

1Opinion of the Court

NIES, Circuit Judge.

Dr Pepper Company appeals from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board, 1 USPQ2d 1421 (TTAB 1986), affirming the examining attorney’s refusal to register the mark PEPPER MAN as a service mark on the ground that applicant’s asserted service of sponsoring and operating a particular contest to promote its soft drinks was not a service within the contemplation of sections 3 and 45 of the Trademark Act of 1946, 15 U.S.C. §§ 1053 and 1127 (1982 & Supp. Ill 1985). We affirm.

I

Appellant filed an application, Serial No. 477,600, seeking…

2Cases cited8 opinions

  1. United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
  2. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
  3. In Re Advertising & Marketing Development, Inc.Court of Appeals for the Federal Circuit · 1987
  4. In Re Canadian Pacific LimitedCourt of Appeals for the Federal Circuit · 1985
  5. Eureka Williams Corp. v. McCorquodaleCourt of Customs and Patent Appeals · 1953

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

3Cited by27 opinions

  1. ITC Ltd. v. Punchgini, Inc.Court of Appeals for the Second Circuit · 2007
  2. Tommaso Buti Fashion World Company, Plaintiffs-Counter-Defendants-Appellees v. Impressa Perosa, S.R.L., Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1998
  3. Murphy v. Provident Mutual Life Insurance Company of Philadelphia, AimsCourt of Appeals for the Second Circuit · 1991
  4. Lahoti v. Vericheck, Inc.Court of Appeals for the Ninth Circuit · 2011
  5. In Re Budge Manufacturing Co., IncCourt of Appeals for the Federal Circuit · 1988

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

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