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In re N.A.D., Inc.

United States Court of Appeals for the Federal Circuit
754 F.2d 996 (1985)


Facts

In 1980, N.A.D., Inc. (N.A.D.) (plaintiff) sought to register NARKOMED as a trademark for its anesthesia machines. The U.S. Patent and Trademark Office (PTO) denied the registration on the basis of two trademark registrations already issued to Narco Scientific, Inc. (Narco Inc.): NARCO MEDICAL SERVICES for medical-equipment rentals and NARCO for specific medical devices, including an anesthesia machine. However, N.A.D. was already aware of the similar marks and had reached an agreement with Narco Inc. acknowledging N.A.D.’s right to register and use the NARKOMED mark in connection with N.A.D.’s anesthesia machines. Despite the consent agreement, the PTO determined that the similarity of the marks would likely result in customer confusion. N.A.D. appealed the decision to the Trademark Trial and Appeal Board (the Board), but the Board affirmed the decision of the PTO. N.A.D. appealed the Board’s decision.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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