IN RE OPPEDAHL & LARSON LLP

Nos. 03-1525, 78/061,755.

373 F.3d 1171 (2004)

In re OPPEDAHL & LARSON LLP.

United States Court of Appeals, Federal Circuit.

June 25, 2004.


Attorney(s) appearing for the Case

Carl Oppedahl, Oppedahl & Larson LLP, of Dillon, CO, argued for appellant.

Cynthia C. Lynch, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee. With her on the brief were John M. Whealan, Solicitor, and Nancy C. Slutter, Associate Solicitor. Of counsel was Linda Moncys Isacson, Associate Solicitor.

Before NEWMAN, RADER, and LINN, Circuit Judges.


RADER, Circuit Judge.

The Trademark Trial and Appeal Board (Board) affirmed the United States Patent and Trademark Office's (PTO's) refusal to register the mark patents.com to appellant Oppedahl & Larson, LLP. Because the proposed mark is merely descriptive under 15 U.S.C. § 1052(e)(1), this court affirms.

I.

On May 3, 2001, appellant filed an intent-to-use application to register the mark patents.com under 15 U.S.C. § 1051(b)(1). The...

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