992 F.2d 1204: In Re Shell Oil Company
United States Court of Appeals, Federal Circuit. - 992 F.2d 1204
April 29, 1993.Rehearing Denied; Suggestion forRehearing In Banc DeclinedJuly 2, 1993
Thomas J. Ward, Ward, Lazarus & Grow, of Washington, DC, argued, for appellant. With him on the brief was John T. Lanahan. Also on the brief was Kimbley L. Muller, Shell Oil Co., of Houston, TX, of counsel.
Albin F. Drost, Deputy Sol., Office of the Solicitor, of Arlington, VA, argued, for appellee. With him on the brief was Fred E. McKelvey, Sol. Of counsel were Nancy C. Slutter, John W. Dewhirst, Lee E. Barrett and Richard E. Schafer.
Before NEWMAN, MICHEL, and PLAGER, Circuit Judges.
PAULINE NEWMAN, Circuit Judge.
Shell Oil Company appeals the decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, refusing to register the service mark RIGHT-A-WAY and arrow design for "service station oil and lubrication change services".1
Background
On September 19, 1988 Shell Oil filed application Serial No. 73/753,045 to register the following service mark:
NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE
Shell claimed use since August 5, 1988.
The examiner refused registration based on section 2(d) of the Lanham Trademark Act,2 citing the registration on January 17, 1984 of the service mark RIGHT-A-WAY and arrow design for "distributorship services in the field of automotive parts":NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE
