Search for: "Mark Morton"
Results 61 - 80
of 387
Sorted by Relevance
|
Sort by Date
16 Jan 2007, 5:13 pm
Therefore, the Board affirmed the requirement of an acceptable description of the mark, under Rule 2.37.In considering the functionality issue, the Board applied the Morton-Norwich factors (In re Morton-Norwich Prods., Inc., 213 USPQ 9, 15-16 (CCPA 1982)) to the feature that Applicant sought to register: "the reversing nature of the watchcase. [read post]
14 Aug 2013, 2:50 am
Determinations made by an Examining Attorney regarding examination requirements, such as the acceptability of an identification of goods or of the drawing of the mark, do not constitute statutory grounds for refusal and therefore cannot form the basis of an inter partes challenge to registration.Functionality: The Board applied the CCPA's Morton-Norwich analysis, recently cited by the CAFC in In re Becton, Dickinson & Co., 102 USPQ2d 1372 (Fed. [read post]
5 Jan 2016, 4:20 am
Functionality: Applying the Morton-Norwich factors, and guided by the CAFC's decision in In re Becton, Dickinson and Co., 102 USPQ2d 1372 (Fed. [read post]
7 Oct 2013, 3:42 am
[Isn't "generic mark" a contradiction in terms? [read post]
5 Oct 2017, 9:00 pm
The recalled products have the establishment number “EST. 17789B” printed inside the USDA mark of inspection on the package. [read post]
28 Mar 2012, 9:30 am
The forum marks the second stop of a national tour to address prosecutorial misconduct in the wake of the U.S. [read post]
27 Jun 2012, 2:42 am
These design patents, under Morton-Norwich, are evidence of non-functionality.The Board therefore found that the PTO did not meet its burden to prove functionality.Description of the Mark: The Board found that Applicant's description of its proposed marks, although not as succinct as they might have been, accurately characterizes the marks, in compliance with Rule 2.37.Acquired Distinctiveness: By seeking registration only under Section 2(f), 3M conceded that… [read post]
24 May 2021, 3:28 am
Proof Research, Inc., Cancellation No. 92067618 (May 20, 2021) [precedential] (Opinion by Judge Mark Lebow). [read post]
8 Oct 2015, 7:23 am
Therefore this Morton-Norwich factor supports a finding of functionality. [read post]
23 Aug 2019, 7:20 am
In fact, the CAFC in Morton-Norwich says (in dictum) that the design patent is presumptive evidence that the design is not functional. [read post]
23 Jun 2006, 4:50 am
It does not exclude nontraditional marks. [read post]
16 Feb 2012, 2:05 pm
The officer was on routine patrol, thus most likely in a marked cruiser. [read post]
4 Mar 2010, 1:10 pm
On July 1, 2009, John Morton, the Department of Homeland Security Assistant Secretary for U.S. [read post]
15 Oct 2010, 8:48 am
Among the defendants are ICE Director John Morton, Cobb County Sheriff Neil Warren, a Georgia Department of Public Safety investigator and other state officials. [read post]
2 Mar 2009, 11:15 pm
This factor favors a finding of functionality.As to the fourth factor, the sound of the product has no bearing on the cost or ease of manufacture.Weighing all the Morton-Norwich factors, the Board concluded that the mark is functional and unregistrable.Text Copyright John L. [read post]
24 Mar 2014, 3:06 am
As advertised, it is the reason the patented device works, and therefore the two ring design is not random or artistic, but is designed to address a specific safety issue.As to the second Morton-Norwich factor, the court found that Adams had "consistently and repeatedly touted the utilitarian advantages of its proposed mark." [read post]
21 Aug 2019, 2:55 am
In fact, we view the disclosures in the ’506 Utility Patent as so strong as to be sufficient, by themselves, to sustain the functionality refusal without consideration of the other Morton-Norwich categories of evidence. [read post]
29 Jul 2020, 4:34 am
Having found the proposed mark to be functional under Inwood, TrafFix, and their progeny, the Board need not review the other Morton-Norwich factors. [read post]
23 Jan 2017, 3:14 am
Treating the mark like a product configuration mark, the Board applied the ever-popular four-part test of Morton-Norwich. [read post]
12 Apr 2016, 11:32 am
www.harbottle.com/jeremy-morton [read post]
