Legal Opinion
In Re Pacer Technology
Court of Appeals for the Federal Circuit
Decided August 4, 2003No. 02-1602PublishedCited by 78 opinions
1Opinion of the Court
GAJARSA, Circuit Judge.
Pacer Technology (“Pacer”) appeals from a decision of the United States Patent and Trademark Office’s (“PTO’s”) Trademark Trial and Appeal Board (“Board”), which affirmed the PTO’s refusal to register as a trademark Pacer’s adhesive container cap design on the ground that the design was not inherently distinctive. In re Pacer Tech., Serial no. 75/477,-402 (TTAB June 11, 2002). Because the Board’s decision is supported by substantial evidence, we affirm.
I. BACKGROUND
Pacer filed a use-based trademark application with the PTO in 1998 to register a cap of a container for…
2Cases cited15 opinions
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