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" But to establish a trade name in the term "shredded wheat" the plaintiff must show more than a subordinate meaning which applies to it. It must show that the primary significance of the term in the minds of the consuming public is not the product but... "
The Trademark Clarification Act of 1983: Hearing Before the Subcommittee on ... - Page 41
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks - 1984 - 140 pages
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United States Reports: Cases Adjudged in the Supreme Court, Volume 305

United States. Supreme Court - Law reports, digests, etc - 1939 - 1032 pages
...than a subordinate meaning which applies to it. It must show that the primary significance of the term in the minds of the consuming public is not the product but the producer. This it has not done. The 111 Opinion of the Court. showing which it has made does not entitle...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1954 - 480 pages
...that not merely has the mark acquired a subordinate meaning but the primary significance of the term in the minds of the consuming public is not the product but the producer. 3. SAME — REGISTRABILITY— "CUBE STEAK" APPLIED TO MEAT TENDERIZING MACHINES. The decision...
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Court of Customs and Patent Appeals Reports, Volume 40

United States. Court of Customs and Patent Appeals - Customs administration - 1952 - 456 pages
..."shredded wheat" as a trade name, the claimant must show that the primary significance of the term in the minds of the consuming public is not the product but the producer. [Italics ours.] [5] The term "trade name" was used in the body of the decision and in the...
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Trademarks and the Federal Trade Commission: Hearings Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - Trademarks - 1980 - 216 pages
...case, to establish a term as a trademark it must be shown that "the primary significance of the terms in the minds of the consuming public is not the product but the producer." The refusal to recognize trademark rights in generic or common, descriptive terms is as...
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Trademark Reform Act of 1983: Hearing Before the Subcommittee on Courts ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - Consumers' preferences - 1985 - 254 pages
...buy the same cola beverage he^diank yesterday can ask for "Coke" or "Pepsi" and be confident thtit he will be getting the same thing he bought yesterday....the producer.4 Nabisco ultinopoly, Inc. v. General Milk Fun Group, Inc., 684 F.2d 1316 (9th Cir 1982)(hereinafUr ciUd as Anti-Monopoly III]. The saga...
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Trademark Reform Act of 1983: Hearing Before the Subcommittee on Courts ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - Consumers' preferences - 1985 - 244 pages
...Monopoly case, namely, that "the MONOPOLY trademark is valid only if 'the primary significance of the term in the minds of the consuming public is not the product but the producer.' "" The court went even further and suggested how this rule might be translated into operational...
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Industrial Design Protection: Hearings Before the Subcommittee on ..., Volume 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice - Copyright - 1991 - 1254 pages
...than a subordinate meaning which applies to it. It must show that the primary significance of the term in the minds of the consuming public is not the product but the producer." Thus, courts use the "primary significance" test to determine whether a mark has developed...
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Industrial Design Protection: Hearings Before the Subcommittee on Courts ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice - Copyright - 1991 - 1250 pages
...than a subordinate meaning which applies to it. It must show that the primary significance of the term in the minds of the consuming public is not the product but (he producer." Thus, courts use the "primary significance" test to determine whether a mark has developed...
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Trademark Manual of Examining Procedure (TMEP).

United States. Patent and Trademark Office - Trademarks - 1993 - 710 pages
...those goods. To establish secondary meaning, it must be shown that the primary significance of the term in the minds of the consuming public is not the product but the producer (citations omitted). This may be an anonymous producer, since consumers often buy goods without...
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Guide to Registering Trademarks, Volume 1

Steven H. Bazerman, Jason M. Drangel - Law - 1999 - 2153 pages
...has developed secondary meaning. This requires a showing that the primary significance of the term in the minds of the consuming public is not the product, but the applicant. There are three classes of evidence used to establish acquired distinctiveness: (1) a claim...
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