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IN RE STEELBUILDING.COM

Nos. 04-1447, 75/934, 75/927.

415 F.3d 1293 (2005)

In re STEELBUILDING.COM

United States Court of Appeals, Federal Circuit.

July 11, 2005.

Attorney(s) appearing for the Case

Michael M. Zadrozny, Shlesinger, Arkwright & Garvey, LLP, of Arlington, Virginia, argued for appellant.

Nancy C. Slutter, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the Patent and Trademark Office. With her on the brief were John M. Whealan, Solicitor, and Cynthia C. Lynch, Associate Solicitor.

Before MICHEL, Chief Judge, RADER, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER.

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge LINN.

RADER, Circuit Judge.

The Trademark Trial and Appeal Board (Board) affirmed the refusal of the United States Patent and Trademark Office (PTO) to register the mark STEELBUILDING.COM to appellant Steelbuilding.com. The Board held the mark was either generic or merely descriptive...

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