TTAB Test: Is BON BON & Design Confusable With BON O BON for Candy?

On August 17, 2017, in The TTABlog, by Hal Wegner

Arcor S.A.I.C. opposed an application to register the mark BON BON in the design form shown below, for “Confectionery made of sugar, namely, candy, sweets, caramels” [BON BON disclaimed] in view of its registered mark BON O BON in standard character form, for “Chocolates, pastries filled with sweet fillings, alfojores, and wafers.” Applicant “ROT FRONT” argued that consumers will […]

GOLDEN DOODLE Merely Descriptive of Retail Gifts Shops, Says TTAB

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

In a six-page opinion, the Board affirmed a Section 2(e)(1) refusal of GOLDEN DOODLE, finding the proposed mark merely descriptive of “On-line retail gift shops; On-line retail store services featuring apparel and accessories; Retail store services featuring apparel, accessories and gifts.” Applicant acknowledged that among the many dogs represented in its designs is the “goldendoodle,” […]

TTAB Rejects Shape of Printed Label as a Phantom Mark

On August 15, 2017, in The TTABlog, by John L. Welch

The Board affirmed a refusal to register, on the Supplemental Register, the product configuration mark shown below, for “printed paper labels; paper identification tags; printed paper labels; adhesive labels; paper die cut shapes; paper labels; paper tags; placards of paper or cardboard; printed paper labels; coupons,” finding that “the changeable elements in Applicant’s proposed mark […]

Reversing a Surname Refusal, TTAB Finds BROE (Stylized) Has Acquired Distinctiveness

On August 14, 2017, in The TTABlog, by John L. Welch

Although finding that the term BROE is primarily a surname, and that the stylization shown below does not make the mark inherently distinctive, the Board reversed this Section 2(e)(4) refusal because applicant established acquired distinctiveness under Section 2(f). In re Broe Management Company, LLC d/b/a The Broe Group, Serial No. 86715987 (August 11, 2017) [not precedential] (Opinion by […]

CAFC Affirms TTAB: In Context, FIRST TUESDAY Merely Descriptive of Lottery Services

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

In an eight-page opinion, the CAFC upheld the TTAB’s decision in In re North Carolina Lottery, Serial No. 86411401 (July 12, 2016) [TTABlogged here], finding the mark FIRST TUESDAY to be merely descriptive of “lottery cards; scratch cars for playing lottery games” and of “lottery services.” The court ruled that the Board did not err in considering the explanatory text […]

CAFC Affirms TTAB: Limitation of Goods to Those Associated with “” Found Meaningless

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

The CAFC affirmed the TTAB’s decision in In re, llc, 116 USPQ2d 1406 (TTAB 2015) [TTABlogged here], affirming Section 2(d) refusals to register the mark I AM for cosmetics and personal care products, sunglasses, and jewelry “all associated with William Adams, professionally known as,” in view of the the mark I AM, registered in standard character and stylized […]

Republished from 2015: Some Thoughts on de facto and de jure Functionality

On August 9, 2017, in The TTABlog, by John L. Welch

Section 2(e)(5) of the Lanham Act bars registration of a proposed mark that “comprises any matter that, as a whole, is functional.” The shape of a product or a feature of a product may have a function – i.e., it may have utility – but still be registrable as a trademark. In other words, the product […]

TTAB Test: Which of These Four Section 2(d) Refusals Were Reversed?

On August 8, 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 four recent TTAB decisions in Section 2(d) appeals. At least one was reversed. What do you think? [Answer in first […]

Precedential No. 21: TTAB Finds “COFFEE FLOUR” Generic for …… Guess What?

On August 7, 2017, in The TTABlog, by John L. Welch

Affirming a refusal to register COFFEE FLOUR on the Supplemental Register, the Board found the term to be generic for “flour made by processing and blending together coffee cherry skins, pulp, and pectin for use, alone or in combination with other plant and milk based products, as a dry ingredient in food and beverage products for consumer […]

Precedential No. 20: TTAB Forgives Party for Untimeliness of Discovery Requests Under New Board Rules

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

Addressing the revised TTAB Rules that came into effect on January 14, 2017, the Board found that the petitioner had served its discovery requests too late. Rule 2.120 now requires that written discovery requests be served early enough in the discovery period that responses will be due no later than the close of discovery. Here, […]

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