Legal Opinion

In Re Chemical Dynamics, Inc.

Court of Appeals for the Federal Circuit

Decided February 18, 1988No. 87-1407PublishedCited by 32 opinions

1Opinion of the Court

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board (Board) refusing registration of a trademark consisting of a portion of a registered mark, on the ground that the portion sought to be registered did not create a separate commercial impression. We affirm.

I

The appellant, Chemical Dynamics, Inc., markets plant fertilizer under the following registered trademark:

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Chemical Dynamics also separately has registered on the Principal Register (1) the background picture of the watering can, medicine dropper and droplet, and (2) the words “7…

2Cases cited2 opinions

  1. Application of E. J. Brach & SonsCourt of Customs and Patent Appeals · 1958
  2. Application of Schenectady Varnish Company, IncCourt of Customs and Patent Appeals · 1960

3Cited by32 opinions

  1. In Re: Cordua Restaurants, Inc.Court of Appeals for the Federal Circuit · 2016
  2. The Rock and Roll Hall of Fame and Museum, Inc. The Rock and Roll Hall of Fame Foundation, Inc. v. Gentile Productions Charles M. GentileCourt of Appeals for the Sixth Circuit · 1998
  3. Viacom International, Inc. v. IJR Capital InvestmeCourt of Appeals for the Fifth Circuit · 2018
  4. In Re Louisiana Fish Fry Products, Ltd.Court of Appeals for the Federal Circuit · 2015
  5. ETW Corp. v. Jireh Publishing, Inc.District Court, N.D. Ohio · 2000

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