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Aspirina Case Instructive For Trademark Practitioners

Law360 (June 18, 2007, 12:00 AM EDT) -- In the case of In re Bayer AG, --F.3d--, 2007 WL 1502078 (Fed.Cir. May 24, 2007) (“Fed.Cir. Decision”), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s holding that “Aspirina” is merely descriptive for analgesics.

The court’s opinion, as well as the TTAB’s underlying Order (2005 WL 3395183 (TTAB Dec. 1, 2005)) (“TTAB Order”), prove instructive to trademark practitioners on a variety of issues, as discussed below in Section II.

* Summary of Decision and Dissent *

Bayer AG (“Bayer”) applied to register Aspirina for...
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