Legal Opinion
In re Orion Research Inc.
Court of Customs and Patent Appeals
Decided April 10, 1980No. Appeal No. 79-622PublishedCited by 6 opinions
1Opinion of the Court
MARKEY, Chief Judge.
Orion Research Incorporated (Orion) appeals from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) affirming the examiner’s refusal to register a symbol as a service mark. We affirm.
Background
In December of 1972, Orion applied for registration of NO LEMON 1 and the “ban the lemon” symbol2 illustrated below as
The guarantee, applicable only to meters made by Orion, gave purchasers the option of repair or immediate replacement of meters malfunctioning within twelve months of purchase. There was no evidence that Orion…
2Cases cited3 opinions
- Liberty Mutual Insurance Co. v. Liberty Ins. Co. of Tex.District Court, E.D. Arkansas · 1960
- Toro Co. v. Hardigg Industries, Inc.Court of Customs and Patent Appeals · 1977
- In re Orion Research Inc.Court of Customs and Patent Appeals · 1975
3Cited by6 opinions
- In Re Dr Pepper CompanyCourt of Appeals for the Federal Circuit · 1987
- In Re Canadian Pacific LimitedCourt of Appeals for the Federal Circuit · 1985
- Asahi Chemical Industry Co., Ltd. v. United StatesUnited States Court of International Trade · 1988
- Flowers Industries, Inc. v. Interstate Brands Corp., Trademark Trial and Appeal Board1987
- Husqvarna Aktiebolag, Trademark Trial and Appeal Board2009
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