Legal Opinion

In Re Bose Corporation

Court of Appeals for the Federal Circuit

Decided September 9, 1985No. Appeal 84-1592PublishedCited by 68 opinions

1Opinion of the Court

NIES, Circuit Judge.

Bose Corporation appeals from the decision of the Trademark Trial and Appeal Board affirming a refusal to register a design shown in application Serial No. 127,-803 on the Principal Register as a trademark for “loudspeaker systems.” The basis for PTO action is that the design is functional and, therefore, cannot serve as a mark for the goods. We affirm.

I

Background

Application Serial No. 127,803 has had a long and tortuous prosecution history, which will be discussed in part in connection with a question of this court’s jurisdiction over a portion of the board’s decision.…

2Cases cited16 opinions

  1. Morgan v. United StatesSupreme Court of the United States · 1936
  2. Stratoflex, Inc. v. Aeroquip CorporationCourt of Appeals for the Federal Circuit · 1983
  3. In Re National Data CorporationCourt of Appeals for the Federal Circuit · 1985
  4. In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
  5. Cable Electric Products, Inc. v. Genmark, Inc., A/K/A Diablo Products Corp.Court of Appeals for the Federal Circuit · 1985

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

3Cited by68 opinions

  1. Midwest Industries, Inc. v. Karavan Trailers, Inc.Court of Appeals for the Federal Circuit · 1999
  2. Thomas & Betts Corporation and Thomas & Betts Holdings, Inc. v. Panduit CorporationCourt of Appeals for the Seventh Circuit · 1998
  3. CTB, Inc. v. Hog Slat, Inc.Court of Appeals for the Fourth Circuit · 2020
  4. W.T. Rogers Company, Inc. v. Wendell R. Keene and Keene Manufacturing, Inc.Court of Appeals for the Seventh Circuit · 1985
  5. In Re Kuriappan P. Alappat, Edward E. Averill and James G. LarsenCourt of Appeals for the Federal Circuit · 1994

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

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