United States Federal Circuit
In re Pennington Seed, Inc., 06-1133
A decision of the PTO Trademark Trial and Appeal Board refusing registration of the term "Rebel" as a trademark for a variety of grass seed is affirmed where the Board correctly determined that the applied-for mark is the generic designation for that variety of grass seed and hence is not entitled to trademark registration.
Appellate Information
- Decided 10/19/2006
- Published 10/23/2006
Judges
- LOURIE, Circuit Judge., Before MICHEL, Chief Judge, LOURIE, Circuit Judge, and ELLIS, District Judge.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Howard A. MacCord, Jr., MacCord Mason PLLC, of Greensboro, NC, argued for appellant.
- For Appellees:
- Stephen Walsh, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, 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.