Legal Opinion

Volkswagenwerk Aktiengesellschaft v. Rose'vear Enterprises, Inc.

Court of Customs and Patent Appeals

Decided March 1, 1979No. Appeal No. 78-629PublishedCited by 7 opinions

1Opinion of the Court

BALDWIN, Judge.

This is an appeal from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board) dismissing appellant’s opposition to applicant’s registration of the following service mark for the retail and wholesale selling of accessories for automobiles. We affirm.

Applicant is a manufacturer, distributor and retailer of automotive parts, components and accessories for the “after sales” market. This market comprises purchasers who use the parts and accessories to customize the appearance or modify the performance of motor vehicles. The record establishes that a…

2Cases cited3 opinions

  1. D. J. Bielzoff Products Co. v. White Horse Distillers, Ltd.Court of Customs and Patent Appeals · 1939
  2. Application of Burndy CorporationCourt of Customs and Patent Appeals · 1962
  3. In re ATV Network Ltd.Court of Customs and Patent Appeals · 1977

3Cited by7 opinions

  1. Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
  2. Cbs Inc. v. George Clifford MorrowCourt of Appeals for the Federal Circuit · 1983
  3. Aquitaine Wine USA, LLC, Trademark Trial and Appeal Board2018
  4. Ayoub, Inc., Ayoub Supply, LLC v. ACS AYOUB Carpet Service, Trademark Trial and Appeal Board2016
  5. Keystone Consolidated Industries, Inc. v. The Franklin Investment Corp. DBA Franklin Industries, Trademark Trial and Appeal Board2024

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