Trademark Must Be Considered As A Whole, Fed. Circ. Rules

Law360, New York (August 14, 2012, 3:18 PM EDT) -- A trademark's validity must be assessed by taking into account the impression of the entire mark, not merely its components, the Federal Circuit ruled Tuesday, overturning a U.S. Patent and Trademark Office board's ruling that marks attached to a medical device company's syringes were valid.

In a precedential decision, the appeals court overturned a ruling by the USPTO's Trademark Trial and Appeal Board holding that Inviro Medical's syringe trademarks were not invalid, supporting the position taken by DuoProSS Meditech Corp. that the marks were merely descriptive...
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