IN RE BOSE CORP.

No. 06-1173 (Serial No. 74/734,496).

476 F.3d 1331 (2007)

In re BOSE CORPORATION.

United States Court of Appeals, Federal Circuit.

February 8, 2007.


Attorney(s) appearing for the Case

Charles Hieken, Fish & Richardson P.C., of Boston, MA, argued for appellant. With him on the brief were Cynthia Johnson Walden and Amy L. Brosius.

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

Before LOURIE, RADER, and SCHALL, Circuit Judges.


LOURIE, Circuit Judge.

Bose Corporation ("Bose") appeals from the decision of the United States Patent and Trademark Office ("PTO") Trademark Trial and Appeal Board (the "Board") denying registration of a proposed speaker design as a trademark. In re Bose Corp., Serial No. 74734496, 2005 WL 1787217 (T.T.A.B. July 12, 2005). Because the Board correctly determined that the appeal was barred by the doctrine of res judicata, we affirm.

BACKGROUND

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