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Section 2(a) – False Association:
- TTAB Affirms Section 2(a) False Connection Refusal of CALIFORNIA BEEMERS for Auto Dealership
- Precedential No. 25: TTAB Grants Section 2(a) Cancellation Petition: SCHIEDMAYER for Pianos Falsely Suggests a Connection with Petitioner
Section 2(d) – Likelihood of Confusion:
- TTABlog Test: Is This Fish Hook Design Mark for Clothing Confusable with “VF” for Retail Clothing Services? [Yes]
- TTABlog Test: Is This Word+Design Mark for Whiskey Confusable with “OUTLAW” for Alcoholic Beverages? [Yes]
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?
- TTABlog Test: Is “ISABEL MORANT” Confusable with “MORANT” for Perfumes and Cosmetics? [Yes]
- TTAB Finds “LINGO BUS” for Language Education Communication Services Confusable with “LINGO” for Telecommunication Services
- “UHJ” Confusable with “UNIVERSAL HOUSE OF JUSTICE” for Religious Services, Says TTAB
- TTABlog Test: Is “HYDRAPORE” for Breathable Waterproof Fabric Confusable with “HYDRO PORE” for Clothing? [Yes]
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- Precedential No. 24: RICHARD MAGAZINE Not Confusable With RICARDO for Related Services, Says TTAB
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- Precedential No. 22: PIERCE-ARROW for Autos Confusable With PIERCE ARROW SOCIETY, Says TTAB
- TTABlog Test: Are These Two Four-Legged Animal Design Marks Confusable for Clothing?
- TTABlog Test: Are These Two “CANNONBALL” Marks Confusable for Beer? [no]
- TTABlog Test: Is “KP QUIK STOP & Design” Confusable With KWIK STOP for Convenience Stores? [No]
- Fame of VOLVO Mark Brings Section 2(d) Victory over WOLVOL for Computers
- TTABlog Test: Is “LIQUOR SLINGER DISTILLING” for Liquor Confusable with “SLINGER” for Shot Glasses? [Yes]
- TTAB Finds WIZGEAR Confusable with THE WIZ and NOBODY BEATS THE WIZ, Denies Abandonment and Fraud Counterclaims
- SMART WIFI Confusable With WI-FI Certification Mark, Says TTAB
- TTABlog Test: Is VITAL FLORA for Pet Supplements Confusable With FLORAVITAL for Supplements? [Yes]
- TTAB Reverses Section 2(d) Refusal: Goods Unrelated and Consumers Sophisticated
- TTABlog Test: Are Packaged Sprits and Rum Related to Restaurant Services Under Section 2(d)? [Yes]
- TTABlog Test: Is MAIN LINE REFRESH Confusable With MAIN LINE HEALTH or MAIN LINE PLASTIC SURGERY? [No]
Section 2(e)(1) – Mere Descriptiveness:
- TTAB Sustains Section 2(e)(1) Opposition, Finding “IR DEFENSE” Merely Descriptive of Protective Beauty Serums
- TTAB Finds SKEETER BAND Merely Descriptive of . . . Guess What?
- Precedential No. 19: TTAB Finds Certification Mark Merely Descriptive, Lacking Acquired Distinctiveness
- Precedential No. 18: TTAB Affirms Trifusal of SCOOP for Ice Cream: Mere Descriptiveness, Failure-to-Function, and Unacceptable Specimen
- TTABlog Test: How Did These Three Mere Descriptiveness Appeals Come Out?
Section 2(e)(4) – Primarily Merely a Surname
Section 2(e)(5) – Functionality:
- Some Thoughts on Why Product Configuration Marks Seldom Survive TTAB Scrutiny
- Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal of Umbrella Configuration
- TTAB Finds Wedge Shape for Yoga Blocks Functional Under Section 2(e)(5)
- Package Configuration Mark for Canned Fish Deemed Non-Functional but Lacks Acquired Distinctiveness, Says TTAB
Genericness:
- TTAB Finds “BIG SIX” Generic for . . . . Guess What?
- Precedential No. 21: TTAB Finds MALAI Generic for Ice Cream
Nonuse/Specimen of Use/Failure to Function:
- TTAB Says Series of PREDICTIVE ENTREPRENEUR Educational Lectures Is Not a Single Work
- TTAB Affirms Two More Failure-to-Function Refusals
- TTAB Affirms Refusal of THERAFIT Because it Identifies a Component, Not Applicant’s Bed Sheets
- Single Book Title Fails to Function as a Trademark, Says TTAB
- TTAB Affirms Rejection of Specimens That Do Not Associate the Mark with the Goods
- Precedential No. 17: Specimens Fail to Show Use of Mark for Retail Store Services, Says TTAB
- TTAB Affirms Failure-to-Function Refusal of Graphic Tool Used By DJ’s For Harmonic Compatability
- WORLD’S BEST DOWN Incapable of Functioning as a Trademark for Bedding Containing Down, Says TTAB
- Ubiquitous “Uncle Sam” Image Fails to Function as a Trademark , Says TTAB
- “100% REAL CALLINECTES CRAB FROM NORTH AMERICA” Fails to Function as a Trademark for Crabmeat, Says TTAB
- TTABlog Test: Is This Electronic Brochure an Acceptable Specimen for Billboard Monitoring Services?
- Precedential No. 18: TTAB Affirms Trifusal of SCOOP for Ice Cream: Mere Descriptiveness, Failure-to-Function, and Unacceptable Specimen
- “QUESTION OF THE DAY” Fails to Function as a Mark for a Trivia Website, Says TTAB
Ownership:
Unlawful Use:
Discovery/Evidence/Procedure:
- TTAB Affirms Two More Failure-to-Function Refusals
- Precedential No. 27: TTAB Excludes Evidence Due to Spoliation, But Declines to Enter Judgment as a Sanction
- Precedential No. 26: TTAB Dismisses Cancellation Proceeding Due to Petitioner’s Fabrication of Evidence
- TTAB Dismisses YOGOLÉ Opposition: Opposer Failed to Prove Standing
- Precedential No. 20: TTAB Declines to Strike Summary Judgment Motion as Untimely After Respondent Consented to Extension
- Precedential No. 16: Options for Cross-Exam of Foreign Trial Witness Are Limited, Says TTAB
CAFC Opinions:
- On Remand, TTAB Finds CORN THINS and RICE THINS Generic for a Sub-Category of Crackers
- CAFC Affirms TTAB: Appellant Waived Arguments by not Raising Them at the Board
- CAFC Affirms TTAB: “ARTISAN NY & Design” Confusable With “ARTESANO NEW YORK CITY” for Clothing
- CAFC Affirms TTAB: Louis Vuitton’s APOGÉE for Perfume Confusable with APHOGEE for Hair Products
Other:
- TTAB Posts October 2019 Hearing Schedule
- Griff Thomas Reports On “DENIM & CO.” Oral Hearing
- TTAB Posts September 2019 Hearing Schedule
- USPTO Examination Guide: Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants
- Current Roster of TTAB Judges (August 2019)
- TTAB Posts August 2019 Hearing Schedule
Text Copyright John L. Welch 2019.