Legal Opinion

Franklin Press, Inc.

Court of Customs and Patent Appeals

Decided April 26, 1979No. Appeal No. 79-512PublishedCited by 7 opinions

1Opinion of the Court

BALDWIN, Judge.

This is an appeal from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the refusal to register appellant’s service mark. We reverse.

Background

Appellant has applied to the PTO for registration of the following mark:

The registration application claimed use of this mark in connection with printing services since August 9, 1976. Appellant disclaimed any rights to the expressions “Employees Represented by ITU, IPPU & GCU, & GAIU,” “Press,” “Inc.,” and “Baton Rouge, La.” apart from their use in the mark as shown.

During the…

2Cases cited7 opinions

  1. Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
  2. United States Steel Corporation v. Vasco Metals CorporationCourt of Customs and Patent Appeals · 1968
  3. Victor Tool and MacHine Corp. v. Sun Control Awnings, Inc.District Court, E.D. Michigan · 1968
  4. Application of Hercules Fasteners, IncCourt of Customs and Patent Appeals · 1953
  5. Hans Schwarzkopf v. John H. Breck, Inc.Court of Customs and Patent Appeals · 1965

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

3Cited by7 opinions

  1. Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
  2. In re Water Gremlin Co.Court of Customs and Patent Appeals · 1980
  3. Association of Co-Operative Members, Inc. v. Farmland Industries, Inc., Defendant-Third Party v. Elmer Gibson, Third PartyCourt of Appeals for the Third Circuit · 1982
  4. Dena Corporation v. Belvedere International, Inc.Court of Appeals for the Federal Circuit · 1991
  5. Amanda Blackhorse, Marcus Briggs, Phillip Gover, Shquanebin Lone-Bentley, Jillian Pappan, and Courtney Tsotigh v. Pro Football, Inc., Trademark Trial and Appeal Board2014

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

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