Hon. Naoka Munakata AIPLA Address Today: “Intellectual Property 4.0”

On October 17, 2017, in Wegner's Writings, by Hal Wegner

Today at the Annual AIPLA meeting in Washington, D.C., before the Japan Practice Committee, the Hon. Naoko Munakata, Commissioner of the Japan Patent Office, delivered an important speech which chronicles the advances being made in the Japan patent system, particularly Intellectual Property 4.0.  Her presentation was well received by the membership in attendance. Regards, Hal

TTAB Finds SUNBELT ORGANIC Confusable With SUNBELT and SUNBELT BAKERY For Some Food Items

On October 17, 2017, in The TTABlog, by John L. Welch

Applicant Coastal Sunbelt sought to register the mark SUNBELT ORGANIC, in standard form and in several design forms, for “organic foodstuffs, namely, salsa” and “processed organic fruits and vegetables” [ORGANIC disclaimed]. Opposer claimed a likelihood of confusion with the registered marks SUNBELT and SUNBELT BAKERY (including in the design form shown further below) for granola, granola bars, snack bars, cereal, […]

TTAB Rejects 5-Year Acquired Distinctiveness Claim Due To Lack of Continuous Use

On October 16, 2017, in The TTABlog, by John L. Welch

In a rare opposition based on the ground of Section 2(e)(2) geographical descriptiveness, the Board rejected applicant’s Section 2(f) claim of acquired distinctiveness based on five years of use, finding that applicant’s use had not been continuous during that period. John Edward Guzman d/b/a Club Ed Surf School and Camp v. The New Santa Cruz Surf […]

(1) AIPLA Japan Committee Oct. 17-18, 2017; (2) Paris Convention pitfalls (updated paper)

On October 15, 2017, in Wegner's Writings, by Hal Wegner

(1) AIPLA Japan Committee Meeting Oct. 17-18, 2017:  The most important annual meeting held in North America concerning Japanese patent practice occurs in Washington, D.C., October 17-18, as part of the Annual AIPLA meeting.  This writer looks forward to participating in this meeting and joining experts from overseas. (2) Paris Convention pitfalls (Updated Paper):   Thanks to everyone for suggestions for […]

GREATER OMAHA Not Confusable With OMAHA STEAKS for Meat, Says TTAB

On October 13, 2017, in The TTABlog, by John L. Welch

In a 74-page opinion, the Board dismissed an opposition to the mark GREATER OMAHA & Design, shown below left, finding the mark not likely to cause confusion with the registered mark OMAHA STEAKS, both for meat. However, it sustained petitions to cancel registrations for the marks shown below center and right, finding the marks to be confusable […]

Precedential No. 32: TTAB Defers Decision on Motion to Strike Testimony Declaration

On October 12, 2017, in The TTABlog, by John L. Welch

In this consolidated proceeding concerning the mark LEHMAN BROTHERS, Tiger Lily Ventures Ltd. moved to strike certain testimony and evidence submitted by Barclays Capital Inc. during the latter’s case-in-chief, on both procedural and substantive grounds. The Board struck some of Barclays’ evidence but refused to rule regarding the admissibility of two testimonial declarations, deferring that question […]

Which Of These Three Section 2(d) Refusals Was Reversed?

On October 11, 2017, in The TTABlog, by John L. Welch

It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. Presented for your contemplation are three recent TTAB decisions in Section 2(d) appeals. One was reversed. What do you think? [Answer in first comment]. In […]

Paris Convention Priority in a First to File World

On October 11, 2017, in Wegner's Writings, by Hal Wegner

New Paper: “PARIS CONVENTION PRIORITY PITFALLS UNDER THE LEAHY SMITH AMERICA INVENTS ACT” The attached, captioned paper is a draft analysis of procedures to obtain foreign priority rights for Asia and Europe under the Paris Convention, particularly where there are multiple United States prior-filed applications. The paper focuses upon American inventor rights in Asia and Europe under the […]

TTABlog Road Trip: AIPLA Annual Meeting, Washington, D.C., October 21st

On October 11, 2017, in The TTABlog, by John L. Welch

Yours truly, the TTABlogger, will be heading down to our Nation’s Capital for the 2017 Annual Meeting of the American Intellectual Property Law Association (AIPLA) in Washington, D.C. (Register here). The “Year In Review” will be presented on Saturday morning, October 21st. My topic? Wait for it ………….. TTAB Developments! (Brochure here).

TTAB Test: Is “PERSON” Merely Descriptive of Wearable Electronic Devices?

On October 10, 2017, in The TTABlog, by John L. Welch

The USPTO refused registration of the applied-for mark PERSON, finding it merely descriptive of  wearable computers, wearable electronic devices, smart watches, and other goods. The examining attorney maintained that the term “describes a significant feature of these goods for wear on the human body, distinguishing them from a wearable device for, for example a dog or horse.” […]

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