In Re Pennington Seed, Inc. (Mark Formerly Owned by Krb Seed Company, Llc)

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 Trade- mark Manual of Examining Procedure (“TMEP”) “does not have the force and effect of law”
• observing that the TMEP “‘is not established law, but only provides instructions to examiners,” yet “[rJepresent[s] the PTO’s established policy . . . that is entitled to our respect”
• deciding to follow the TMEP’s guidance and describing that, although “the TMEP is not established law,” it does represent the USPTO’s “established policy . . . that is entitled to [the court’s] respect”
• affirming Board ruling that applicant cannot trademark varietal name for plant seed even if it created genus
• affirming Board ruling that applicant cannot trademark varietal name for plant seed even if it created genus
• affirming Board ruling that applicant cannot claim as a trademark the varietal name for plant seed even if it created genus

Source: CourtListener parenthetical corpus (CC0).