United States Federal Circuit

In a trademark dispute, the US Patent and Trademark Trial and Appeal Board's refusal to register the marks "DR. RATH" and "RATH" is affirmed over plaintiff's claim that the surname rule of the Lanham Act is at odds with the Paris Convention as applied to those holding foreign registrations.

Appellate Information

• Decided 03/24/2005
• Published 03/24/2005

Judges

• DYK, Circuit Judge., Before BRYSON, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Roy S. Gordet, San Francisco, California, for appellant., John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, 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.   Of counsel on the brief were Lois E. Boland, Director, and Amy P. Cotton, Staff Attorney, Office of International Relations.