Legal Opinion
In re World's Finest Chocolate, Inc.
Court of Customs and Patent Appeals
Decided March 15, 1973No. Patent Appeal No. 8846PublishedCited by 17 opinions
1Opinion of the Court
LANE, Judge.
This appeal is from the decision of the Trademark Trial and Appeal Board sustaining the examiner’s refusal to register a design trademark for “candy.”1 The design depicts a wrapped bar of candy and is shown below:
For purposes of our opinion, we presume familiarity with the board’s opinion at 166 USPQ 63 (1970) and, therefore, the underlying facts here involved. We reverse.
The principal issue before us is whether or not the board was correct in concluding that the package design “cannot qualify as a mark entitled to registration” notwithstanding de facto distinctiveness.
■ As we see…
2Cases cited7 opinions
- Application of Deister Concentrator Company, IncCourt of Customs and Patent Appeals · 1961
- Application of Mogen David Wine CorporationCourt of Customs and Patent Appeals · 1964
- Application of Mogen David Wine CorporationCourt of Customs and Patent Appeals · 1967
- In re Data Packaging Corp.Court of Customs and Patent Appeals · 1972
- Best Lock Corporation v. Schlage Lock CompanyCourt of Customs and Patent Appeals · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- In Re Owens-Corning Fiberglas CorporationCourt of Appeals for the Federal Circuit · 1985
- W.T. Rogers Company, Inc. v. Wendell R. Keene and Keene Manufacturing, Inc.Court of Appeals for the Seventh Circuit · 1985
- In Re Bose CorporationCourt of Appeals for the Federal Circuit · 1985
12 more not listed; retrieve them via the Exa API.