Legal Opinion
In re Soccer Sport Supply Co.
Court of Customs and Patent Appeals
Decided January 9, 1975No. Patent Appeal No. 74-550PublishedCited by 23 opinions
1Opinion of the Court
MILLER, Judge.
This appeal is from a decision of the Trademark Trial and Appeal Board, abstracted at 180 USPQ 527 (1973), affirming the refusal of registration on the *1402principal register of appellant’s design mark for soccer balls:1
We affirm.
The board based its decision on the mark being mere ornamentation,2 finding that appellant had not promoted its design as a trademark and that others used similar designs for their soccer balls.
Appellant’s evidence includes copies of advertisements in sales brochures, catalogs, and various publications; a portion of a license agreement with Rexall Drug and…
2Cases cited9 opinions
- Application of Deister Concentrator Company, IncCourt of Customs and Patent Appeals · 1961
- In re Data Packaging Corp.Court of Customs and Patent Appeals · 1972
- Application of Swift & CoCourt of Customs and Patent Appeals · 1955
- Application of Hollywood Brands, IncCourt of Customs and Patent Appeals · 1954
- In re World's Finest Chocolate, Inc.Court of Customs and Patent Appeals · 1973
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3Cited by23 opinions
- Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
- In Re Owens-Corning Fiberglas CorporationCourt of Appeals for the Federal Circuit · 1985
- In Re Northland Aluminum Products, Inc.Court of Appeals for the Federal Circuit · 1985
- LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.District Court, S.D. New York · 2016
- Time Mechanisms, Inc. v. Qonaar Corp.District Court, D. New Jersey · 1976
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