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Section 2(a) – Deceptiveness:
- TTAB Affirms Section 2(a) Deceptiveness Refusal of EMDROPS for Liquid Supplements
- TTAB Test: Is “DIAMONDESS” Deceptive for Simulated Diamonds? [No]
Section 2(d) – Likelihood of Confusion:
- TTAB Test: Are These Logo Marks for Coffee Confusingly Similar?
- Precedential No. 5: Fame of Movie “JAWS” Supports 2(d) Refusal of Cooking Show Marks
- TTAB Accepts Morehouse Defense! Dismisses Opposition to FB FRESH BODY for Cosmetics
- Family Feud: TTAB Dismisses Opposition to EARNHARDT COLLECTION for Furniture and Home Construction
- Precedential No. 3: Despite Consent Agreement, TTAB Finds TIME TRAVELER BLONDE Confusable With TIME TRAVELER for Beer
- WYHA? MUTT Confusable with LAZY MUTT for Beer, Says TTAB
- TTAB Test: Is HAMMER for Skateboard Clothing Confusable with HAMMER & Design for Jackets and Hats? [Yes]
- STYLEHOUSE & Design For Clothing Confusable With STYLEHAÜS For Clothing Boutiques, Says TTAB
- TTAB Test: Are FAVAZZA’S and LAVAZZA Confusable for Restaurant Services? [Yes]
- TTAB Test: Which One of these Three Section 2(d) Refusals Was Reversed?
- TTAB Renders Split Decision in MONSTER v. MONSTERFISHKEEPERS Double-Header
- TTAB Dismisses CIGAR SNOB Cancellation For Failure to Prove Priority, Fraud
- Divided TTAB Panel Dismisses Oppositions: No Priority Based on Title of Single Work
- WYHA? MAGIC SNOWBALL and SNOWBALL Confusable for Stuffed Toys, Says TTAB
- TTABlog Test: Are “THE WORLDS PAGEANTS” and “MISS WORLD” Confusable for Beauty Pageants? [Yes]
Section 2(e)(1) – Mere Descriptiveness:
- Precedential No. 6: IMÁGENES ESCONDIDAS and HIDDEN PICTURES Not the Same Mark, TTAB Affirms Mere Descriptiveness Refusal
- TTAB Test: Which One of these Mere Descriptiveness Refusals Was Reversed?
- BUCK Merely Descriptive of Kentucky Bourbon, Says TTAB
- “NAG CHAMPA” Merely Descriptive of Incense Sticks, Says TTAB
- “WEEPING ANGEL” Merely Descriptive of Funerary Urns, Says TTAB
- WYHA? “HEALTHY HEMP” Merely Descriptive of Hemp-Containing Baked Goods, Says TTAB
- WYHA? CARBON ELIMINATOR Merely Descriptive of Fuel Additive, Says TTAB
- Test Your TTAB Judge-Ability On These Three Mere Descriptiveness Appeals
- WYHA? “PALMS FREE” Merely Descriptive of Phone Holders, Says TTAB
- TTABlog Test: Is “E GAR” Merely Descriptive of Electronic Cigars? [Yes]
Section 2(e)(3) – Primarily Geographically Deceptively Misdescriptive:
Section 2(e)(4) – Primarily Merely a Surname:
- TTAB Enters Summary Judgment on Res Judicata Ground in SKIPPY Cancellation
- Family Feud: TTAB Dismisses Opposition to EARNHARDT COLLECTION for Furniture and Home Construction
Section 2(e)(5) – Functionality:
Fraud:
Genericness:
- TTAB Finds “BOOKING.COM” Generic for Travel Agency Services
- TTAB Finds Monster’s Flat Cable Design Functional and Generic
Ownership:
Section 14(3) – Cancellation for Misrepresentation of Source:
Use/Specimen of Use/Failure to Function:
- Precedential No. 1: TTAB Clarifies Statement of Use Timing Requirement
- Single Location Restaurant Not Operating in Interstate Commerce, Says TTAB
Discovery/Evidence/Procedure:
- TTAB Enters Summary Judgment on Res Judicata Ground in SKIPPY Cancellation
- Tam files Petition for Writ of Mandamus at CAFC, demanding USPTO action on THE SLANTS application
- USPTO Examination Guide 01-16: Suspension for Section 2(a) Disparagement and Scandalousness Cases
- TTAB Vacates HOUNDSTOOTH MAFIA Decision, Following District Court Order
- Precedential No. 4: Documents Must Be Produced in Unredacted Form, Says TTAB
- Alabama Federal Court Orders TTAB to Vacate HOUNDSTOOTH MAFIA Precedential Decision
- Precedential No. 41: TTAB Refuses Reconsideration of its Denial of Rule 12(b)(6) Motion to Dismiss
- Precedential No. 2: TTAB Denies Protective Order Motion and Sanctions Movant
CAFC decisions:
- Supreme Court Denies Certiorari Petition in Shammas Attorney Fees Case
- CAFC Corrects SLANTS Opinion Regarding Cybersquatting Protection
Recommended Reading:
- The Trademark Reporter’s 2016 “Annual Review of U.S. Trademark Cases”
- Professor Rebecca Tushnet Says the CAFC’s Reasoning in In re Tam Was Wrong
- Recommended Reading: Marc J. Randazza, “Freedom of Expression and Morality Based Impediments to the Enforcement of Intellectual Property Rights”
Other:
- TTAB Posts April 2016 Hearing Schedule [Part 2]
- TTAB Posts April 2016 Hearing Schedule [Part 1]
- TTAB Seeks Applicants for Attorney Advisor (Interlocutory Attorney) Positions
- TTAB Posts March 2016 Hearing Schedule
- George C. Pologeorgis Named TTAB Administrative Trademark Judge
- Report on February 15th Meeting of TPAC (Trademark Public Advisory Committee)
- IP Cases on Supreme Court Docket: October 2015 Term
- How Often Did the TTAB Affirm a Section 2(d) Refusal in 2015? a 2(e)(1) Mere Descriptiveness Refusal?
- TTAB Posts February 2016 Hearing Schedule
- The Top Ten TTAB Decisions of 2015 [Part 2]
- The Top Ten TTAB Decisions of 2015 [Part 1]
- Which Law Firms Filed the Most Oppositions in 2015 (and 2014)?
- Matthew Swyers (The Trademark Company) Sues USPTO For Harassment
- TTAB Posts January 2016 Hearing Schedule”