Professor J. Thomas McCarthy has provided the following thought-provoking comments on the CAFC's ruling last week in the ZERO case [TTABlogged here], in which the appellate court vacated and remanded the Board's decision, ...
The USPTO refused registration of the mark GUARDIAN AUDIO for "audio equipment for use in commercial entertainment systems for use in large public venues, namely, amplifiers, speakers, receivers; all of the foregoing ...
On June 25, 2018, the Supreme Court granted certiorari in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229,proceedings below, 855 F.3d 1356 (Fed. Cir. 2017), to determine whether a confidential sale triggers ...
The Board reversed a Section 2(e)(4) refusal to register the mark PETROSSIAN in stylized form, for "Soaps; perfumery, essential oils, cosmetics; All of the foresaid good being sold in delicatessen shops." On ...
The USPTO refused to register the mark NIGHT for wine, finding it likely to cause confusion with the registered mark NOCHE, also for wine. On appeal, Aaplicant argued the doctrine of equivalents should ...
The CAFC vacated the TTAB's decision of May 23, 2016 [TTABlogged here], in which the Board found that opposers failed to prove that the term ZERO is generic for soft drinks and sports ...
The USPTO refused registration of the mark PINT SIZE HEROES in standard character and Stylized form for "Collectable toy figures," finding confusion likely with the registered mark PINT SIZE PRODUCTIONS & Design for “plush ...
The Smithsonian's National Museum of American History, in collaboration with the United States Patent and Trademark Office, will host the 2018 National Trademark Exposition on July 27 and 28 at the National Museum of ...
The USPTO refused registration of the mark FOUNDIT THEFT RECOVERY for "GPS tracking devices, namely, personal asset tracker, personal tracker, vehicle tracker" (THEFT RECOVERY disclaimed), finding it likely to cause confusion with ...
The Board sustained an opposition to registration of the mark SCOTTSDALE TAXI for "taxi transport" services [TAXI disclaimed], finding the mark to be "highly geographically descriptive" and lacking in acquired distinctiveness. Despite ...