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Section 2(d) – Likelihood of Confusion:
- TTAB Test: Three Recent Appeals From Section 2(d) Refusal
- TTAB Test: How Would You Decide These Three Recent Section 2(d) Appeals?
- TTAB Test: Is “GUILTY OF EVERYTHING GOE” Confusable With GOE SURF WEAR & Design for Clothing and Gear? [No]
- Precedential No. 26: Licensee Cannot Establish Priority Based On Licensor’s Use
- TTAB Test: Are These Barbeque Grills Confusingly Similar?[Yes]
- MINT VELVET Not Confusable with MIDNIGHT VELVET for Clothing, Jewelry, Says TTAB
- Despite Consent Agreement, TTAB Affirms Section 2(d) Refusal of NORDIC (Stylized) For Live Plants
- TTAB Test: Is BIG KAHUNA DONUTS Confusable With BIG KAHUNA CLIFF’S HAWAIIAN COFFEE? [No]
- TTAB Test: Is UHAI (Swahili) Confusable with LIFE FOR HAIR & Design for Hair Care Products? [Yes]
- TTAB Test: Is BON BON & Design Confusable With BON O BON for Candy? [No]
- TTAB Test: Which of These Four Section 2(d) Refusals Were Reversed?
- TTAB Test: Which of these Two Section 2(d) Refusals Was Reversed?
- TTAB Test: Is THE CANNIBAL for Beer Confusable with THE CANNIBAL for Restaurant Services? [No]
- TTAB Test: Which of These Three Section 2(d) Refusals Was Reversed?
- TTAB Test: Is LAVA GEAR for Survival Wear Confusable With LAVA ACCESSORIES for Travel Clothing? [No]
- TTAB Orders Cancellation of MG-IP Registration for Legal Services Due to Confusion with M & G
- TTAB Finds MANHATTAN for Upholstered Furniture Confusable with MANHATTAN CABINETRY for Custom Furniture
- FURNITUREBOBS Confusable With BOB’S DISCOUNT FURNITURE, Says TTAB
- TTAB Test: Is “IVE” for Protective Work Gloves Confusable with “EB & IVE” for Clothing? [Yes]
Section 2(e)(1) – Mere Descriptiveness:
- TTAB Test: Is FARM TO TABLE Merely Descriptive of Wines? [Yes]
- TTAB Test: Is GLOBAL GROWERS Merely Descriptive of Frozen Fruits and Vegetables? [No]
- GOLDEN DOODLE Merely Descriptive of Retail Gifts Shops, Says TTAB
- SOUND STREAM (Stylized) Merely Descriptive of Digital Music Delivery, Says TTAB
- TTAB Test: Is WARTSEAL Merely Descriptive of Wart Removing Preparations? [Yes]
- TTAB Test: Is TOPDOC Merely Descriptive of Physician Referral Services?
Section 2(e)(4) – Primarily Merely a Surname:
- Precedential No. 28: TTAB Affirms Surname Refusal of OLIN, Rejects Transfer of Acquired Distinctiveness under 2(f)
- TTAB Test: Is BRASSERIE KUNZ Primarily Merely a Surname? [Yes]
- TTAB Test: Is “FERET” Primarily Merely a Surname? [No]
- Reversing a Surname Refusal, TTAB Finds BROE (Stylized) Has Acquired Distinctiveness
- CAFC Vacates TTAB’s EARNHARDT COLLECTION Decision, Finding Surname Analysis Unclear
Section 2(e)(5) – Functionality:
Section 2(f) – Acquired Distinctiveness:
- Precedential No. 28: TTAB Affirms Surname Refusal of OLIN, Rejects Transfer of Acquired Distinctiveness under 2(f)
- Precedential No. 23: MEDICAL EXTRUSION TECHNOLOGIES Lacks Aquired Distinctiveness, Says TTAB
- VANILLA JAVA PORTER Lacks Acquired Distinctiveness for Beer, Says TTAB
Rule 2.61 Request for Information:
Specimen of Use/Failure to Function/Nonuse/Phantom Mark:
- TTABlog Test: Is this Mutilation of a Tire-and-Boot Design, or Not?
- TTAB Enters Judgment Summarily in #TIDALTUESDAY Opposition On Ground of Nonuse
- Precedential No. 24: Yellow Cheerios Box Lacks Acquired Distinctiveness, Fails to Function as a Trademark
- Divided TTAB Panel Rejects Website Specimen of Use for Fabric
- Precedential No. 22: Breast Cast Design Fails to Function as a Mark for Cancer Awareness Services
- TTAB Rejects Shape of Printed Label as a Phantom Mark
- “STILL SPOONING” Fails to Function as a Mark for Custom Imprinting and Retail Services, Says TTAB
Dilution:
Fraud:
Genericness:
- TTAB Finds QLED Generic for …… Guess What?
- Precedential No. 25: On Remand, TTAB Again Finds PRETZEL CRISPS Generic For Pretzel Crackers
- E.D. Va. Reverses TTAB: BOOKING.COM Not Generic for Hotel Reservation and Travel Agency Services
- TTAB Finds POND POTS Generic for …….Guess What?
- Precedential No. 21: TTAB Finds “COFFEE FLOUR” Generic for …… Guess What?
- TTAB Affirms Genericness Refusal of CHOCOLATE GLAÇAGE for …. Guess What?
- TTAB Test: Is “ROSE” Generic for Beer-Based Mixed Beverages?
Ownership:
Concurrent Use: Intent:
Procedural Issues:
- Precedential No. 27: TTAB Suspends LATEA Opposition In View of Arbitration Clause
- Precedential No. 20: TTAB Forgives Party for Untimeliness of Discovery Requests Under New Board Rules
- TTAB Dismisses Section 2(e)(1) Opposition to BLUE COLLAR BREWERY Due to Lack of Standing
- Applying Preclusion Based on TTAB Decision, Ohio District Court Denies Non-Infringement Counterclaim
CAFC Decisions:
- CAFC Affirms TTAB: In Context, FIRST TUESDAY Merely Descriptive of Lottery Services
- CAFC Affirms TTAB: Limitation of Goods to Those Associated with “will.i.am” Found Meaningless
- CAFC Vacates TTAB’s EARNHARDT COLLECTION Decision, Finding Surname Analysis Unclear
Other: