IN RE TRIVITA, INC.

No. 2014-1383.

783 F.3d 872 (2015)

In re TRIVITA, INC., Appellant.

United States Court of Appeals, Federal Circuit.

April 17, 2015.


Attorney(s) appearing for the Case

Adam Stephenson, Adam R. Stephenson, LTD., Tempe, AZ, for appellant.

Nathan K. Kelley, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for appellee. Also represented by Thomas L. Casagrande,   Christina Hieber,   Thomas W. Krause.

Before NEWMAN, MOORE, and HUGHES, Circuit Judges.


TriVita filed trademark application Serial No. 77/658,158 to register the mark NOPALEA on the Principal Register for dietary and nutritional supplements "containing, in whole or in substantial part, nopal juice." The examiner rejected the application under section 2(e)(1) of the Lanham Trademark Act as "descriptive of a feature...

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