IN RE VITERRA INC.

No. 2011-1354.

671 F.3d 1358 (2012)

In re VITERRA INC.

United States Court of Appeals, Federal Circuit.

March 6, 2012.


Attorney(s) appearing for the Case

Scot A. Duvall , Middleton & Reutlinger, of Louisville, Kentucky, for appellant.

Raymond T. Chen , Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia for appellee. With him on the brief were Christina J. Hieber and Frances M. Lynch , Associate Solicitors.

Before DYK, MOORE, and O'MALLEY, Circuit Judges.


O'MALLEY, Circuit Judge.

Viterra Inc. ("Viterra") appeals the decision of the Trademark Trial and Appeal Board ("the Board") affirming the examining attorney's refusal to register the trademark XCEED, in standard character form, for "agricultural seed." The examining attorney refused registration under Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d), finding that Viterra's XCEED mark was likely to cause confusion with the previously-registered word and design...

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