In Re R.M. Smith, Inc.

How courts have described this case

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

• stating that the PTO established a prima facie case of de jure functionality of the asserted mark
• affirming USPTO’s decision to require more than an affidavit of eight years of continuous and substantially exclusive use
• affirming USPTO’s decision to require more than an affidavit of eight years of continuous and substantially exclusive use
• existence of design patent “does not, without more, bestow upon said device the aura of distinctiveness or recognition as a trademark”
• 8 years use was not sufficient evidence of acquired distinctiveness for the configuration of pistol grip water nozzle for water nozzles
• eight years use was not sufficient evidence of acquired distinctiveness for the configuration of pistol grip water nozzle for water nozzles

Source: CourtListener parenthetical corpus (CC0).