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 […]

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 […]

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.” […]

Precedential No. 31: TTAB Dismisses Section 2(d) Claim Due to Lack of Use of Opposer’s Foreign Mark in USA

On October 6, 2017, in The TTABlog, by John L. Welch

Because opposer failed to allege use of her mark SULBING in the United States, the Board dismissed her claim of likelihood of confusion under Section 2(d). The Board observed that the “well known mark” doctrine does not provide a basis for a Section 2(d) claim, nor does the United States-Korea Free Trade Agreement. However, opposer’s claim that […]

Precedential No. 30: Party that Cross-Examines Testimony Declarant Bears The Expenses

On October 5, 2017, in The TTABlog, by John L. Welch

In this opposition to registration of the mark CERTIFIED EMAIL for various email services, Opposer USPS submitted the testimony declarations of four witnesses, all located in the Washington, D.C. area. Applicant RPost served a notice to take oral cross-examination of these witnesses at its attorney’s offices in Santa Monica, California. USPS moved to quash the notice of […]

TTAB Posts October 2017 Hearing Schedule

On October 4, 2017, in The TTABlog, by John L. Welch

The Trademark Trial and Appeal Board (TTAB) has scheduled four (4) oral hearings for the month of October 2017. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided. October 4, 2017 -11 AM: In re […]

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