Legal Opinion
In re Wella Corp.
Court of Customs and Patent Appeals
Decided November 17, 1977No. Appeal No. 77-572PublishedCited by 24 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) affirming the refusal of the examiner to register appellant’s mark on the Supplemental Register (15 U.S.C. § 1091). We reverse.
The mark is the stylized lettering of “balsam” for hair conditioner and hair shampoo *144shown below. (Appellant has disclaimed the term “balsam” itself.)
The sole issue whether the mark is capable of indicating origin of appellant’s goods to an ordinary purchaser and whether appellant’s mark was intended primarily for that purpose. In re…
2Cases cited2 opinions
- Application of Helena Rubinstein, Inc. (Two Cases)Court of Customs and Patent Appeals · 1969
- Application of Minnesota Mining and Manufacturing CompanyCourt of Customs and Patent Appeals · 1964
3Cited by24 opinions
- In re Water Gremlin Co.Court of Customs and Patent Appeals · 1980
- Comedy III Productions, Inc., a California Corp. v. New Line Cinema, a Delaware Amended Corp., OpinionCourt of Appeals for the Ninth Circuit · 2000
- In Re Bush Brothers & CompanyCourt of Appeals for the Federal Circuit · 1989
- Miller Brewing Co. v. Falstaff Brewing Corp.District Court, D. Rhode Island · 1981
- AC Webconnecting Holding B.V., Trademark Trial and Appeal Board2020
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