United States ex rel. Smith v. Follette

How courts have described this case

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

• noting that Section 2(d) of the Act provides that an applicant may not register its mark unless it causes confusion with “a mark registered in [the USPTO], or ...previously used.” 15 U.S.C. § 1052(d), emphasis added.
• likelihood of confusion is to be avoided as much between weak marks as between strong marks
• “In an opposition, the board must consider existing registrations of subsequent-user opposers . . . .”
• likelihood of confusion is to be avoided as much between weak marks as between strong marks
• “likelihood of confusion is to be avoided, as much between ‘weak’ marks as between ‘strong’ marks, or as between a ‘weak’ and ‘strong’ mark.”
• likelihood of confusion is to be avoided as much between weak marks as between strong marks

Source: CourtListener parenthetical corpus (CC0).