TTABlog Test: Is GOLDENBERRY Merely Descriptive of Fresh Fruit?

On June 22, 2017, in The TTABlog, by John L. Welch

The USPTO refused registration of  GOLDENBERRY, finding the applied-for mark to be merely descriptive of “fresh fruits.” Applicant appealed, arguing that its fruit is yellow, not golden, and is properly called “Gooseberry” or “Cape Gooseberry.” How do  you think this came out? In re Volcano Produce, Inc., Serial No. 86321169 (June 20, 2017) [not precedential] (Opinion by […]

VAGISAN Not Confusable With VAGISIL for Feminine Products, Says TTAB

On June 21, 2017, in The TTABlog, by John L. Welch

The Board dismissed this opposition to registration of VAGISAN for various feminine hygiene products, finding no likelihood of confusion with the registered mark VAGISIL for overlapping products. The Board, relying on proof of applicant’s capacity to produce its products, also dismissed opposer’s claim that applicant lacked a bona fide intent to use the mark when it filed the opposed application. Combe Incorporated […]

Precedential No. 16: TTAB Affirms Refusal of PHARMACANN for Medical Marijuana Services Due to Illegality under CSA

On June 19, 2017, in The TTABlog, by John L. Welch

The Board affirmed refusals to register PHARMACANN and PHARMACANNIS for “Retail store services featuring medical marijuana” and for “Dispensing of pharmaceuticals featuring medical marijuana” on the ground that applicant lacked a bona fide intent to use the marks in commerce because the recited services are prohibited by a federal statute and cannot be in lawful use. Although Congress has forbidden the […]

Rejecting Equivalents Argument, TTAB Affirms Surname Refusal of WEISS WATCH COMPANY

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

The Board affirmed a Section 2(e)(4) refusal of WEISS WATCH COMPANY for watches, clocks, and related goods [WATCH COMPANY disclaimed], finding the applied-for mark to be primarily merely a surname. Applicant argued that WEISS has non-surname significance because “weiss” means “white” in German, and thus the doctrine of foreign equivalents immunizes WEISS from the surname bar. Nein, […]

Precedential No. 15: LITTLE MERMAID Merely Descriptive of Dolls, Says TTAB

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

The Board affirmed a Section 2(e)(1) refusal of LITTLE MERMAID, finding the mark merely descriptive of “dolls.” Drawing a distinction between character names in the public domain and those derived from works in which the applicant owns intellectual property rights, the Board concluded that consumers will not perceive LITTLE MERMAID as a source identifier but instead […]

MIROSA for Beer Confusable with MIRASSOU, a Strong Mark for Wine, Says TTAB

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

The Board sustained this opposition to registration of the mark MIROSA for “beer, ale, lager, stout, porter, shandy,” finding a likelihood of confusion with the registered mark MIRASSOU for wine. Noting Professor McCarthy’s observation that only the CAFC uses the term “fame” instead of “strength” for the 5th du Pontfactor (See the CAFC’s the recent INSIGNIA decision [TTABlogged here]), the Board […]

TTAB Accepts Concurrent Use Agreement for Registration of BRAS FOR THE CAUSE in 43 States

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

The Board accepted a concurrent use agreement allowing Applicant Bras for the Cause Iowa, Inc. to receive a registration of its mark BRAS FOR THE CAUSE for “Charitable fundraising services for screening, diagnosis, and eradication of breast and cervical cancer,” limited to the area comprising the United States except the states of California, Colorado, Florida, Oregon, Pennsylvania, […]

CAFC Affirms TTAB, Upholds Cancellation of Individual’s Registration of Service Mark Due To Non-Ownership

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

In a precedential opinion, the CAFC affirmed the TTAB’s decision [TTABlogged here] granting a petition for cancellation of a Supplemental Registration for the mark THE AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION for  various “veterinary education services.” The court endorsed the legal framework applied by the Board in resolving ownership disputes when a member has departed a […]

Precedential No. 14: TTAB Affirms Mere Descriptiveness Refusal of WELL LIVING LAB for Research Services

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

In a bit of a snoozer, the Board affirmed a Section 2(e)(1) refusal of the mark WELL LIVING LAB, finding it merely descriptive of scientific research services in the field of human health and wellness in indoor environments. Discounting applicant’s largely outdated evidence that “well living” refers to leading a moral life, the Board instead relied […]

Precedential No. 13: TTAB Reverses Mutilation and Phantom Mark Refusals of U. Miami Ibis Design

On June 8, 2017, in The TTABlog, by John L. Welch

The Board reversed two refusals to register the mark shown below, for various paper products, clothing, and educational and entertainment services, finding that it comprised neither a mutilation of the mark as actually used, nor a phantom mark. The applied-for mark, which “consists of an ibis wearing a hat and a sweater,” depicts the mascot […]

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