In re Rath
United States Court of Appeals for the Federal Circuit
402 F.3d 1207 (2005)
Rath (Rath), a German citizen, registered the marks "Dr. Rath" and "Rath" in Germany and then sought registration in the United States. The examiner refused registration because the marks were primarily merely surnames, barred under the Lanham Act, and the Trademark Trial and Appeal Board (the Board) upheld the refusal. Rath conceded the marks were primarily surnames but argued the Paris Convention, an international agreement to which the United States is a party, required their acceptance because they were duly registered in Germany.
Whether a trademark that has been registered in a foreign country may be registered on the United States trademark register if it meets United States trademark eligibility requirements.