In re Bayer AG
United States Court of Appeals for the Federal Circuit
488 F.3d 960 (2007)
- Written by Wesley Bernhardt , JD
Facts
Bayer Aktiengesellschaft (Bayer), a German company, filed a trademark application for the name “Aspirina” for analgesic drugs. The word aspirin was once a trademark in the United States but had by then become a generic name for analgesic drugs that contain acetyl salicylic acid. Several online search engines and dictionaries evinced that aspirina was the Spanish equivalent of the word aspirin and used generically for this class of drugs, not specifically in reference to Bayer’s product. Additionally, Bayer registered this name as a trademark in several Spanish-speaking foreign countries. However, some search engines did show Aspirina as being a mark specific to Bayer used in other countries. The Trademark Trial and Appeal Board denied Bayer’s application, and Bayer appealed.
Rule of Law
Issue
Holding and Reasoning (Moore, J.)
Dissent (Newman, J.)
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