Legal Opinion

In Re ECCS, Inc.

Court of Appeals for the Federal Circuit

Decided September 6, 1996No. 95-1400PublishedCited by 15 opinions

1Opinion of the Court

RICH, Circuit Judge.

This is an ex parte appeal from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (Board) affirming the Examining Attorney’s refusal to register a trademark.

This might be called the case of the missing space for, as will hereinafter appear, in reality that is all that is involved.

It is also a sort of comedy of errors in which both the applicant and the PTO fail to deal with the actual situation and learnedly discuss issues that are not actually involved.

Furthermore, the discussions in the parties’ briefs seem to ignore the…

2Cited by15 opinions

  1. In Re International Flavors & Fragrances Inc.Court of Appeals for the Federal Circuit · 1999
  2. Gibson Guitar Corp. v. Paul Reed Smith Guitars, LpCourt of Appeals for the Sixth Circuit · 2005
  3. In Re Thrifty, Inc.Court of Appeals for the Federal Circuit · 2001
  4. Playboy Enterprises, Inc. v. Netscape Communications Corp.District Court, C.D. California · 1999
  5. Estate of Coll-Monge v. Inner Peace MovementCourt of Appeals for the D.C. Circuit · 2008

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