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Section 2(a) – Disparagement:
- Pro-Football Seeks Certiorari-Before-Judgment in REDSKINS Appeal
- USPTO Files Petition for Writ of Certiorari in THE SLANTS Case
Section 2(a) – Deceptiveness:
- TTAB Affirms 2(a) Deceptiveness Refusal of WONDER DOWN for Down Alternative Bedding
- TTAB Deems COPPER-TEN Deceptive for Steel Painted to Simulate Copper
Section 2(d) – Likelihood of Confusion:
- TTAB Test: Are “INDI” and “INDY” Confusable for Clothing Items [No]?
- Precedential No. 17: BLACK MEN ROCK Confusable With BLACK GIRLS ROCK!, Says TTAB
- TTAB Dismisses 2(d) and Dilution Claims in Opposition to “GARO & Design” for Cigars
- TTAB Test: In which of these Three Cases Did the Board Find No Likelihood of Confusion?
- TTAB Test: Which of these Three Section 2(d) Refusals Was Reversed?
- TTABlog Test: Are ZEN BAKERY and ZEN DELITES Confusable for Cookies? [No]
- TTABlog Test: Are “ELITE TEST 360” and “360 TEST” Confusable for Nutritional Supplements? [Yes]
- TTAB Test: Which One of these Four Section 2(d) Refusals Was Reversed?
- TTABlog Test: Are These Two Word + Design Marks Confusable for Restaurant Services? [Yes]
- BULLET Confusable with BULLIT for Bicycle Parts and Bicycles, Says TTAB
- “HIGH SCHOOL WORLD SERIES” Confusable with MLB’S “WORLD SERIES” Marks, Says TTAB
- TTABlog Test: Is FLIP’N CHICKEN Confusable with FRICKIN’ for Restaurant Services? [Yes]
- Precedential No. 13: TTAB Dismisses 2(d) Claim but Finds MINIMELTS Merely Descriptive of Pharmaceuticals
- Precedential No. 12: TTAB Affirms 2(e)(1) and 2(d) Refusals of HOUSEBOAT BLOB for Inflatable Mattresses
- TTAB Test: Is BLACK BARK for Restaurant Services Confusable with BLACK BARK BRISKET for Meat? [No]
- TTAB Reverses 2(d) Refusal of FAVORIT (Stylized) For Bike Parts and Toys
- TTAB Test: Are Olive Oil and Restaurant Services Related for Section 2(d) Purposes? [No]
Section 2(e)(1) – Mere Descriptiveness:
- TTABlog Test: Is “DIGITAL BOOTH” Merely Descriptive of Metal Phone Booths?[Yes]
- Precedential No. 13: TTAB Dismisses 2(d) Claim but Finds MINIMELTS Merely Descriptive of Pharmaceuticals
- Precedential No. 12: TTAB Affirms 2(e)(1) and 2(d) Refusals of HOUSEBOAT BLOB for Inflatable Mattresses
- Finding BAJATUSEGURO.COM a Double Entendre, TTAB Reverses 2(e)(1) Refusal
Section 2(e)(1) – Deceptive Misdescriptiveness:
Section 2(e)(2) – Primarily Geographically Descriptive:
TTAB Reverses Geographical Descriptiveness Refusal of “CASS PARK VILLAGE”
Section 2(e)(4) – Primarily Merely a Surname:
Section 2(e)(5) – Functionality:
- TTAB Affirms Functionality Refusal of Door Channel Configuration Mark
- TTAB Finds Trigger Guard Configuration Functional Under Section 2(e)(5)
Section 2(f) – Acquired Distinctivness:
- Electric Skillet Configuration Lacks Acquired Distinctiveness, Says TTAB
- Precedential No. 7: Lack of Exclusive Use Dooms “AYOUB” 2(f) Surname Application
Dilution:
- Fame of Empire State Building Design Mark Yields TTAB Dilution Victory
- TTAB Dismisses 2(d) and Dilution Claims in Opposition to “GARO & Design” for Cigars
- Precedential No. 11: TTAB Clarifies Timing of Fame Requirement for Dilution Claim
Failure to Function/Phantom Mark:
- TTAB Affirms Refusal of Nondistinctive Shed Design for Recycling Services
- Test Your TTAB Judge-Ability On This Phantom Mark Refusal
- Precedential No. 14: FTD’s Twitter Account Not a Separate, Registrable Service, Says TTAB
- Divided Board Panel Affirms Single-Book-Title Refusal of NO EXCUSES DIET
Genericness:
- ZERO Not Generic for Soft Drinks, Says TTAB, In Multi-Mark Battle
- “MAGNESITA” Generic for Refractory Bricks, Says TTAB
- CAFC Upholds TTAB: CHURRASCOS (Stylized) Generic for Restaurant Services
- BOOKING.COM Files Complaint for District Court Review of TTAB Genericness Ruling
Ownership:
Use/Specimens of Use:
Discovery/Evidence/Procedure:
- Precedential No.16: Filing of Cancellation Petition Tolls Section 14 As To Adddition of New Claim
- Fourth Circuit Affirms Issue Preclusion Ruling Based On TTAB Priority Finding
- TTAB Grants Rule 2.132 Motion to Dismiss IODINE Opposition for Failure to Prosecute
- TTAB Grants Cancellation Petition As a Sanction For Failure to Participate in Discovery Conference
- Fourth Circuit Denies Petition for Reconsideration En Banc in FLANAX Case
- TTAB Dismisses “WOD Snob” Opposition for Failure to Prove Standing and Priority
- Belmora Seeks En Banc Reconsideration of 4th Circuit’s FLANAX Decision
- USPTO Moves to Dismiss Its 11th Circuit HOUNDSTOOTH MAFIA Appeal
- Precedential No. 10: TTAB Grants Leave to Prepare and Serve Sur-Rebuttal Expert Report
- Precedential No. 8: TTAB Grants Pre-Trial Motion Limiting Goods in Opposed Application
CAFC decisions:
- CAFC Affirms TTAB: MAYARI Not Confusable With MAYA for Wine
- CAFC Upholds TTAB: CHURRASCOS (Stylized) Generic for Restaurant Services
- USPTO Files Petition for Writ of Certiorari in THE SLANTS Case
Recommended Reading:
- Ted Davis: Annual Review of U.S. Federal and State Case Law
- Not So Fast On MARATHON MONDAY: The BAA, the TTAB, and Lanham Act Section 2(a)
Other:
- TTAB Posts July 2016 Hearing Schedule
- USPTO Proposes Changes in Section 8 Affidavit/Declaration Requirements
- USPTO Proposes Increased TTAB Fees, And Some New Ones
- TTAB Posts June 2016 Hearing Schedule
- TTAB Posts May 2016 Hearing Schedule
- USPTO Seeks Applications for TTAB Administrative Trademark Judge
- Meet the Bloggers XII: Monday, May 23rd, 8 PM, Kings Bowl
- USPTO Proposes Major TTAB Rule Changes
- TTABlog Quarterly Index: January – March 2016