Legal Opinion
Duopross Meditech Corp. v. Inviro Medical Devices, Ltd.
Court of Appeals for the Federal Circuit
Decided August 14, 2012No. 2012-1050; Cancellation 92046702PublishedCited by 52 opinions
1Opinion of the Court
O’MALLEY, Circuit Judge.
The Trademark Trial and Appeal Board dismissed DuoProSS Meditech Corporation’s counterclaims for cancellation of two trademark registrations owned by Inviro Medical Devices, Ltd., after the Board concluded that DuoProSS failed to prove that the marks are merely descriptive when used with the goods recited in Inviro’s registrations. Inviro Med. Devices Ltd. v. DuoProSS Meditech Corp., No. 92046702, Dkt. 52 (TTAB Apr. 5, 2011) (“Board op.”). We reverse the Board’s decision because the Board failed to consider one of the marks as a whole, unduly focusing on only one…
2Cases cited11 opinions
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- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
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- In Re Bayer AktiengesellschaftCourt of Appeals for the Federal Circuit · 2007
- In Re Dial-A-Mattress Operating Corporation (Serial No. 75/131,355)Court of Appeals for the Federal Circuit · 2001
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3Cited by52 opinions
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