In Re Merrill Lynch, Pierce, Fenner, and Smith, Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the term “CASH MANAGEMENT ACCOUNT” is “merely descriptive,” not generic, and reversing decision of Trademark Trial and Appeal Board [“TTAB”] as clearly erroneous
• explaining that the burden of proving genericness \ remains with\ the PTO
• explaining that the burden of proving genericness “remains with” the PTO
• “The examining attorney has the burden of proving that a term is generic by clear evidence.”
• “Evidence of the public’s understanding of the term may be obtained ' from any competent source....”
• \[t]he only thing that becomes incontestable is the right of the registrant to use the mark for the goods or services for which it is registered.\

Source: CourtListener parenthetical corpus (CC0).