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Section 2(b) – Flag, Coat of Arms, or Other Insignia:
- TTAB Vacates Prince of Wales Section 2(b) Decision and Remands Application to the Examining Attorney
Section 2(d) – Likelihood of Confusion:
- TTAB Test: Are Nutritional Supplements Related to Skin and Hair Care Products Under Section 2(d)? [Yes]
- TTAB Test: Is NONSTOP KNIGHT Confusable With NONSTOP GAMES for Computer Game Software? [Yes]
- TTAB Dismisses Petition for Cancellation: No Proof of Relatedness of Services or Overlapping Trade Channels
- TTAB Sustains HONEY PIG Opposition Despite Ten Years of Parties’ Coexistence
- Precedential No. 8: Webpages Alone Insufficient to Prove Priority, Says TTAB
- TTAB Test: Is “S-LON” Confusable With “C-LON” for Thread? [Yes]
- TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed?
- Playboy Bunny Fails to Save GND Logo Mark From Section 2(d) Refusal, Says TTAB
- TTAB Test: Is CREATE PAINT Confusable With PAINT ‘N CREATE for Paints?
- Precedential No. 5: Opposer Fails to Prove Priority, Apple’s IPAD Mark Survives Opposition
- TTAB Test: Are These Two Marks for Fruit Preserves Confusingly Similar?
- TTAB Test: Which of These Three Section 2(d) Refusals Was Reversed?
- TTAB Test: Are Nutritional Supplements And Fruit Beverages Related Under Section 2(d)? [Yes]
- TTAB Test: Is “PEACEFUL PIRANHA” Confusable With “PIRAÑA” for Snack Foods? [Yes]
- TTAB Test: Are Cigars Related to Alcoholic Beverages for Section 2(d) Purposes? [Yes]
- Louis Vuitton’s APOGÉE for Perfume Confusable with APHOGEE for Hair Products, Says TTAB
- Precedential No. 3: TTAB Refuses to Limit Goods in Cited Software Registration, Affirms Section 2(d) Refusal
- TTAB Finds Two Puppy Marks Confusable for Bathroom Tissue
- TTAB Test: Are These Two Marks Confusable For Weight Loss Programs?
- What is the Likelihood of TTAB Affirmance of a Section 2(d) Refusal?
- TTAB Test: Are These Two Stylized “P” Marks Confusingly Similar for Cigars?
- TTAB Dismisses “DONQ” Opposition, Finding Applicant’s Goods and Services Unrelated to “DON Q” Rum
Section 2(e)(1) – Mere Descriptiveness:
- TTAB Test: Is “ALL IN ONE” Merely Descriptive of Electric Wall-Mounted Hand Dryers? [Yes]>/a>
- WHITE SANGRIIIA Merely Descriptive of Cocktails, Lacks Acquired Distinctiveness, Says TTAB
- In 2017, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?
Section 2(e)(5) – Functionality:
Section 2(f) – Acquired Distinctiveness:
- Precedential No. 9: TTAB Finds “SERIAL” Generic for Podcasts, But Logo Forms Registrable With Disclaimer
- WHITE SANGRIIIA Merely Descriptive of Cocktails, Lacks Acquired Distinctiveness, Says TTAB
- Two Product Configurations Fail to Clear Section 2(f) Hurdle, Says TTAB
Dilution:
Fraud:
Genericness:
- Precedential No. 9: TTAB Finds “SERIAL” Generic for Podcasts, But Logo Forms Registrable With Disclaimer
- Precedential No. 6: TTAB FInds MECHANICALLY FLOOR-MALTED Generic for … Guess What?
- TTAB Test: Is TWEEDS Generic for Shirts and Sweaters? [Yes]
Nonuse/Abandonment/Specimen of Use/Failure to Function:
- TTAB Affirms Rejection of Applicant’s Own Magazine As Specimen for Publishing Services
- TTAB Sustains Opposition to “REMEMBER THIS NAME” – Fails to Function as a Mark for Legal Services
- WYHA? TTAB Affirms Requirement for Specificity of Cable Clip Composition to Allow Proper Classification
- TTAB Affirms Failure-to-Function Refusal of Ribbon/Banner Background Design for Horse Tail Cleaners
- Precedential No. 4: TTAB Reverses Rejection of Downloadable Software Specimen Showing Mark in On-Screen Display
- Precedential No. 1: TTAB Okays Service Mark Specimen of Use Thanks to Applicant’s Clarifying Information
Discovery/Evidence/Procedure::
- TTAB Vacates Prince of Wales Section 2(b) Decision and Remands Application to the Examining Attorney
- Precedential No. 8: Webpages Alone Insufficient to Prove Priority, Says TTAB
- Precedential No. 7: TTAB Denies Motion to Strike Disclosure Notice and Preclude Expert Testimony
- Applying Claim Preclusion, TTAB Summarily Dismisses Petition for Cancellation of “THE EBONYS” Registration Despite Added Claim
- Precedential No. 2: TTAB Again Lets Party off the Hook Based on January 2017 Rule Changes
- Precedential No. 39: TTAB Again Cuts Some Procedural Slack Due to 2017 Rule Changes
- Precedential No. 38: TTAB Excuses Failure to Plead Compulsory Counterclaim in Answer
- Precedential No. 37: Applying Revised Rules, TTAB Denies Motion for Judgment on the Pleadings as Untimely
Recommended Reading:
- Ladas Memorial Award Winner: Michelle B. Smit, “(Un)Common Law Protection of Certification Marks”
- Recommended Reading: Prof. Eric Goldman, “Emojis and the Law”
- The Trademark Reporter’s 2018 “Annual Review of U.S. Trademark Cases”
- Recommended Reading: Prof. Ouellette, “Does Running Out Of (Some) Trademarks Matter?”
- Recommended Reading: Professors Beebe and Fromer, “Are We Running Out of Trademarks?”
Other:
- Meet The Bloggers XIV: Garage Billiards, Tuesday, May 22, 8-10 PM
- Roster of TTAB Interlocutory Attorneys
- TTAB Posts March 2018 Hearing Schedule
- TTAB Posts February 2018 Hearing Schedule
- Current Roster of TTAB Administrative Trademark Judges
- Transcript of Public Meeting Regarding Proposed Streamlined Cancellation Proceeding
- In 2017, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?
- What is the Likelihood of TTAB Affirmance of a Section 2(d) Refusal?
- TTAB Issued 39 Precedential Rulings in 2017
- The Top Ten TTAB Decisions of 2017 [Part II]
- The Top Ten TTAB Decisions of 2017 [Part I]
- TTAB Posts January 2018 Hearing Schedule