Legal Opinion
In Re Mother Tucker's Food Experience (Canada) Inc.
Court of Appeals for the Federal Circuit
Decided February 5, 1991No. 90-1260PublishedCited by 9 opinions
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
This case concerns affidavits filed under Section 8 of the Lanham Act, and the consequences of failure of the trademark owner to show that the registered mark is in use “in commerce”. The principal issue is whether use in commerce must be explicitly averred in an affidavit filed before the end of the statutory period for filing affidavits under Section 8. Subsidiary issues include whether the omission of such averral is curable after the end of the statutory period; whether use in commerce is presumed for restaurant service marks; and whether there are special…
2Cases cited9 opinions
- Stuart Sargisson v. The United StatesCourt of Appeals for the Federal Circuit · 1990
- Imperial Tobacco Limited, Assignee of Imperial Group Plc v. Philip Morris, IncorporatedCourt of Appeals for the Federal Circuit · 1990
- Morehouse Manufacturing Corporation v. J. Strickland and CompanyCourt of Customs and Patent Appeals · 1969
- Scm Corporation v. Langis Foods Ltd.Court of Appeals for the D.C. Circuit · 1976
- Application of Gastown, IncCourt of Customs and Patent Appeals · 1964
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- National Cable Television Association, Inc. v. American Cinema Editors, Inc.Court of Appeals for the Federal Circuit · 1991
- Kimberly-Clark Corporation v. The Procter & Gamble Distributing Co., Inc. And the Procter & Gamble Company, Defendants/cross-AppellantsCourt of Appeals for the Federal Circuit · 1992
- Checkers Drive-In Restaurants, Inc. v. Commissioner of Patents and TrademarksCourt of Appeals for the D.C. Circuit · 1995
- Holloway v. United StatesUnited States Court of Federal Claims · 2004
- Joseph Rivera Matos, an Infant by His Father and Natural Guardian, Victor Rivera v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994
4 more not listed; retrieve them via the Exa API.