JD Supra Law

OCTOBER 23, 2023

1 the Federal Circuit reversed and remanded the Trademark Trial and Appeal Board’s (“Board”) decision cancelling registration of Great Concepts’ trademark due to the filing of a fraudulent declaration by a former Great Concepts attorney. In Great Concepts, LLC v. Chutter, Inc.,1 By: Vinson & Elkins LLP

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The TTABlog

NOVEMBER 21, 2023

TTABlogged here ], in which a divided court panel reversed the TTAB's finding of fraud because "a Section 14 cancellation proceeding is not available as a remedy for a fraudulent Section 15 incontestability declaration." Court of Appeals for the Federal Circuit handing down a ruling on trademark cancellation under the Lanham Act.

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Patently-O

DECEMBER 12, 2023

by Dennis Crouch I previously wrote about the trademark case of Great Concepts v. In the underlying trademark cancellation proceeding, the TTAB found that one party had committed fraud within its declaration of incontestability; and that fraud justified cancellation of the registration. Cantine Torresella S.r.l. ,

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JD Supra Law

MARCH 22, 2023

In what may be the longest running trademark dispute in the United States, the U.S. Trademark Trial and Appeal Board (“TTAB”) in December 2022 ordered the cancellation of the COHIBA and COHIBA (stylized) registrations owned by General Cigar Co. General Cigar”), based on Article 8 of the Pan American Convention.

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Patent Trademark Blog

JULY 7, 2022

What is a trademark counterclaim? When it comes to TTAB oppositions and cancellations , it may make sense to consider filing a counterclaim against the plaintiff. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer. Timing is crucial here.

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JD Supra Law

MAY 23, 2023

On May 16, 2023 (a Tuesday), fast food franchise Taco Bell launched its campaign to "liberate" the TACO TUESDAY trademark by filing legal petitions with the United States Patent and Trademark Office (USPTO) to cancel the trademark registration owned by rival food chain, Taco John's. By: Baker Donelson

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IP Tech Blog

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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LexBlog IP

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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IP Law 360

JULY 19, 2022

A Michigan marijuana dispensary is urging a federal judge not to throw out its suit against a rival shop or cancel the federal trademarks it claims its rival is infringing, saying there's no evidence that the trademark is being used for illegal activity.

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LexBlog IP

APRIL 19, 2023

Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

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The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. The court therefore affirmed the "cancellation of Appellant's mark."

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DuetsBlog

OCTOBER 18, 2023

Since November 30, 2021 , we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S.

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JD Supra Law

DECEMBER 5, 2022

Trademark non-use cancelation is one of most frequently used strategies in clearing prior trademark obstacles in China. How to effectively use this strategy to help register your trademark? How to defend your registration by submitting valid use evidence when your trademark is requested for cancelation?

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LexBlog IP

JANUARY 26, 2022

Yesterday, the United States Patent and Trademark Office (“USPTO”) sanctioned Trademark Terminal’s owners. Per the order , the USPTO plans to terminate all the trademark applications they filed. In email, the USPTO stated that from abroad, Trademark Terminal “ fraud[ulently] filed. Abtach Ltd.

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LexBlog IP

JULY 26, 2022

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods. The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. Hangzhou Johnson Tech Co.,

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JD Supra Law

JANUARY 19, 2022

The Trademark Modernization Act (TMA) came into force December 18, 2021. Key provisions of the TMA enlarge options for cancelling a trademark registration in whole or in part by targeting nonuse of the registered mark for some or all specified goods or services. These new proceedings also supplement an existing USPTO audit.

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The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Davidson , Cancellation No. Andrusiek v.

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JD Supra Law

AUGUST 30, 2022

Despite this, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision canceling TMR’s trademark registration for CHENOA FUND & Design covering inter alia mortgage financing services on the grounds that CBC, rather than TMR, owns the mark due to its ultimate control of the business and brand.

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Erik K Pelton

MARCH 5, 2024

Erik explains how a TTAB discovery conference works inside the process of a trademark opposition or cancellation proceeding. Erik explains how a TTAB discovery conference works inside the process of a trademark opposition or cancellation proceeding. The post What is a TTAB Discovery Conference?

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JD Supra Law

DECEMBER 29, 2021

Is an unused registered trademark preventing you from clearing or registering your mark? Or was the blocking registration filed for goods or services that were not in use when the registrant declared that they were? By: Mintz - Intellectual Property Viewpoints

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The IP Law Blog

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Accordingly, DONCIC was left with no choice other than to seek cancellation of his mother’s trademark to clear the path for the other applications.

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LexBlog IP

OCTOBER 20, 2022

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. Accordingly, DONCIC was left with no choice other than to seek cancellation of his mother’s trademark to clear the path for the other applications.

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JD Supra Law

JANUARY 26, 2022

As of December 27, 2021, new “expungement” and “reexamination” proceedings are available for third parties to request the cancellation of an active U.S. trademark registration that is not being used in connection with some or all of the goods/services set forth in the registration.

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LexBlog IP

MAY 24, 2023

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. The Lanham Act, which governs U.S.

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JD Supra Law

OCTOBER 6, 2022

In a precedential decision, the Trademark Trial & Appeal Board (Board) denied a petition to cancel a trademark registration based on priority. By: McDermott Will & Emery

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JD Supra Law

NOVEMBER 16, 2023

In business, trademarks are everything. When you find yourself in a trademark dispute, having experienced legal counsel on your side is paramount. It's how consumers come to know, love and trust your brand. In short, it is a jungle out there. In short, it is a jungle out there. By: Vondran Legal

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JD Supra Law

JANUARY 14, 2022

Have you ever come up with the perfect name for branding your goods or services, only to find out that someone else has already federally registered the trademark for similar goods or services? Patent and Trademark Office (USPTO) trademark register is full of registrations, both legitimate and illegitimate.

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Trademark Branding Brands Branding 101

LexBlog IP

OCTOBER 18, 2023

Since November 30, 2021 , we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S.

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The TTABlog

SEPTEMBER 8, 2022

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Davidson , Cancellation No. However, "actual trademark use must follow the analogous use within a commercially reasonable period of time." Andrusiek v.

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JD Supra Law

JANUARY 13, 2022

The trademark "MALLE" remains cancelled. The EUIPO`s Board of Appeal had upheld a corresponding decision of the Cancellation Division in December 2020. This decision was now also confirmed by the (European) General Court (GC), after the trademark owner had only challenged one of the two pillars of the Board of Appeal's decision.

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IAM Magazine

AUGUST 25, 2021

Non-Russian rights holders often find the country’s non-use cancellation procedure confusing. Fortunately, trademark professionals in the country have put together some useful information for those considering filing their marks there.

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CoCal IP Law Institute

JULY 12, 2021

Patent Assignor Estoppel and Cancellation of Trademark Registrations Under Section 14(3) Our weekly SoCal IP Institute meeting on Monday, July 19, 2021 will be a discussion of a Supreme Court case finding patent assignor estoppel may not apply when there are post-assignment amendments to claims and a TTAB case ordering cancellation of registrations (..)

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IP Watchdog

JANUARY 23, 2024

Patent and Trademark Office (USPTO) to decide his trademark cancellation case against Apple, Inc. Court of Appeals for the Federal Circuit (CAFC) today denied Charles Bertini’s petition for a writ of mandamus asking the court to order the U.S.

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IP Law 360

APRIL 26, 2024

The Trademark Trial and Appeal Board has found that a petition to cancel a trademark for the drink Zima was no longer an issue since its owner, Molson Coors, let the registration on the product expire.

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IP Watchdog

MARCH 21, 2024

The Trademark Trial and Appeal Board (TTAB) on Wednesday, March 20, denied APPLE JAZZ mark owner Charles Bertini’s petition to cancel Apple, Inc.’s s mark APPLE for entertainment services.

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IAM Magazine

AUGUST 25, 2021

Non-Russian rights holders often find the country’s non-use cancellation procedure confusing. Fortunately, trademark professionals in the country have put together some useful information for those considering filing their marks there.

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Erik K Pelton

AUGUST 30, 2022

Arguments, consents, and cancellations are the potential ways to overcome a likelihood of confusion for a trademark application. The post 3 Different Ways to Overcome a Likelihood of Confusion Trademark Refusal from the USPTO appeared first on Erik M Pelton & Associates, PLLC.

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