Legal Opinion
In re Marriott Corp.
Court of Customs and Patent Appeals
Decided June 30, 1975No. Patent Appeal No. 75-538PublishedCited by 11 opinions
1Opinion of the Court
MARKEY, Chief Judge.
This appeal is from a decision of the Trademark Trial and Appeal Board, 184 USPQ 53 (1974), affirming the examiner’s refusal to register WE SMILE MORE because it did not serve “as a mark of origin.” We reverse.
Use of the Mark
In November 1964 Marriott’s predecessor in title, Camelback Inn Company, adopted and first used in commerce WE SMILE MORE as an advertising and promotional phrase to distinguish its “hotel, restaurant, and convention services.” The mark was displayed on lapel buttons pinned to uniforms worn by Camelback Inn employees. Similar lapel buttons were…
2Cases cited13 opinions
- In re E. I. DuPont DeNemours & Co.Court of Customs and Patent Appeals · 1973
- United States v. SteffensSupreme Court of the United States · 1879
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Alfred Dunhill of London, Inc. v. Dunhill Tailored Clothes, Inc.Court of Customs and Patent Appeals · 1961
- Metropolitan Life Insurance Company, a Corporation v. Metropolitan Insurance Company, a CorporationCourt of Appeals for the Seventh Circuit · 1960
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3Cited by11 opinions
- Giant Food, Inc. v. Nation's Foodservice, Inc.Court of Appeals for the Federal Circuit · 1983
- America Online, Incorporated v. At&t CorporationCourt of Appeals for the Fourth Circuit · 2001
- Bbk Tobacco & Foods LLP v. Central Coast Agriculture, Inc.Court of Appeals for the Ninth Circuit · 2024
- Duggan's Funeral Service, Inc. v. Duggan's Serra Mortuary, Inc.California Court of Appeal · 2000
- Texas a & M University System v. University Book Store, Inc., Texas Court of Appeals, 10th District (Waco)1984
6 more not listed; retrieve them via the Exa API.