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IN RE FORNEY INDUSTRIES, INC.

2019-1073.

955 F.3d 940 (2020)

IN RE: FORNEY INDUSTRIES, INC., Appellant.

United States Court of Appeals, Federal Circuit.

Decided: April 8, 2020.

Attorney(s) appearing for the Case

William W. Cochran, II , Cochran Freund & Young, LLC, Fort Collins, CO, argued for appellant. Also represented by James R. Young .

Mary Beth Walker , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Andrei Iancu. Also represented by Thomas L. Casagrande , Christina J. Hieber , Thomas W. Krause , Joseph Matal .

Before Dyk, O'Malley, and Chen, Circuit Judges.

Forney Industries, Inc. ("Forney") appeals from a decision of the Trademark Trial and Appeal Board ("the Board") which affirmed the trademark examining attorney's refusal to register Forney's proposed mark on grounds that the proposed mark is of a type that can never be inherently distinctive. In Re Forney Indus., Inc...

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