Legal Opinion
In Re Dial-A-Mattress Operating Corporation (Serial No. 75/131,355)
Court of Appeals for the Federal Circuit
Decided February 13, 2001No. 00-1197PublishedCited by 93 opinions
1Opinion of the Court
MAYER, Chief Judge.
Dial-A-Mattress Operating Corporation (Dial-A-Mattress) appeals the judgment of the Trademark Trial and Appeal Board affirming an examiner’s rejection of its intent-to-use application to register “1-888-M-A-T-R-E-S-S” as a service mark. Because the mark is descriptive of the relevant services, and has acquired prima facie distinctiveness as the legal equivalent of one of Dial-A-Mattress’ previously-registered marks, we reverse.
Background
Dial-A-Mattress sells mattresses and related bedding through retail stores and a telephone “shop-at-home” service. In 1996, it filed an…
2Cases cited16 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- In Re Merrill Lynch, Pierce, Fenner, and Smith, IncCourt of Appeals for the Federal Circuit · 1987
- The H. Marvin Ginn Corporation v. The International Association of Fire Chiefs, Inc.Court of Appeals for the Federal Circuit · 1986
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3Cited by93 opinions
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- Lahoti v. VeriCheck, Inc.Court of Appeals for the Ninth Circuit · 2009
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