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IN RE PENNINGTON SEED, INC.

No. 06-1133 (Serial No. 76/289,621).

466 F.3d 1053 (2006)

IN RE PENNINGTON SEED, INC. (mark formerly owned by KRB Seed Company, LLC)

United States Court of Appeals, Federal Circuit.

Decided: October 19, 2006.

Attorney(s) appearing for the Case

Howard A. MacCord, Jr., MacCord Mason PLLC, of Greensboro, North Carolina, argued for appellant.

Stephen Walsh, Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor, and Nancy C. Slutter, Associate Solicitor. Of counsel was Heather F. Auyang, Associate Solicitor.

Before MICHEL, Chief Judge, LOURIE, Circuit Judge, and ELLIS, District Judge.

LOURIE, Circuit Judge.

DECISION

Pennington Seed, Inc. ("Pennington") appeals from the decision of the United States Patent and Trademark Office ("PTO") Trademark Trial and Appeal Board (the "Board") refusing registration of the term "Rebel" as a trademark for a variety of grass seed. In re KRB Seed Co., 76 U.S.P.Q. 2d 1156 (T.T.A.B. 2005). Because the Board correctly determined that the applied-for mark is the generic designation for...

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