IP Watchdog

JULY 6, 2023

Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. s application to register the mark APPLE MUSIC. s application to register the mark APPLE MUSIC.

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Music Trademark Registration Litigation 111

IP Watchdog

FEBRUARY 21, 2022

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S.

Music 126

Music Registration Trademark Litigation 126

The TTABlog

APRIL 3, 2023

Section 2(a) - Deceptiveness: TTAB Affirms Two Refusals of "ROSE PETALS" for Supplements Not Containing Rose Petals Section 2(d) - Likelihood of Confusion: TTABlog Test: Is EVERWILD For Distilled Spirits Confusable With EVERCLEAR for Alcoholic Beverages? [Yes] Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?

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Registration Designs Design Trademark 72

Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. TTAB Fees for Electronic Filings.

Trademark 184

Trademark Registration Branding Brands 184

The TTABlog

JUNE 30, 2023

TTAB Finds Supplements Related to CBD Cosmetics, But Not to Candles or Vape Pens TTABlog Test: Is EL BURRO BORRACHO Confusable WIth EL BURRO for Restaurant Services? [No] TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed? No] TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?

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Ownership Registration Designs Design 59

Erik K Pelton

FEBRUARY 15, 2022

The following is an edited transcript of my video What Happens When Appealing a Trademark Refusal to the TTAB. The Trademark Trial and Appeal Board, or TTAB, is a panel of judges that can decide cases on appeal. Those are the key elements and aspects regarding an appeal to the Trademark Trial and Appeal Board.

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Trademark Editing Branding Brands 204

The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. TTAB Sustains DUTCH BROS. Section 2(a) - false suggestion of a connection Precedential No. Precedential No.

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Designs Design Television Ownership 72

JD Supra Law

JANUARY 19, 2023

As highlighted by a recent Trademark Trial & Appeal Board (TTAB) decision, Clementvision, Inc. See Opposition No. Robert Clement, expressly including intellectual property rights in an estate plan can prevent complicated issues from arising. 91256127, 2022 WL 15330806 (Oct. 25, 2022) (not precedential).

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Intellectual Property IP Trademark 98

IP Watchdog

NOVEMBER 24, 2023

Court of Appeals for the Federal Circuit (CAFC) on Wednesday vacated and remanded a Trademark Trial and Appeal Board (TTAB) decision that had sustained an opposition to the mark GET ORDAINED, holding that the TTAB had failed to “furnish a reasoned explanation for departing from its established practice of deeming unargued claims waived.”

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Trademark Litigation Intellectual Property IP 52

IP Watchdog

APRIL 4, 2023

The owner of the trademark for APPLE JAZZ has won his appeal from the Trademark Trial and Appeal Board (TTAB), which dismissed his opposition to Apple, Inc.’s Apple filed Trademark Application No. Unaware that he did not have a federal registration, Bertini filed an opposition against Apple, Inc.’s

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Trademark Music Registration Government 75

The TTABlog

APRIL 11, 2024

District Court for the Southern District of Ohio stayed this trademark infringement action even though Defendant Goatlift had defaulted by not filing an answer to the complaint. Instead of deciding that issue, the court chose to stay the lawsuit in favor of an opposition pending between the parties (Opposition No.91264548).

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Litigation Trademark Copyright 64

LexBlog IP

MAY 16, 2023

An opposition that has been making its way through the Trademark Trial and Appeal Board (“TTAB”) for several years appears to have finally reached its not-so-fairytale ending. In 2018, a TTAB panel dismissed UTH’s motion to dismiss Curtin’s opposition for lack of standing.

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Public Domain Intellectual Property Trademark Registration 52

Patent Trademark Blog

JULY 5, 2022

What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. The opposition notice sets forth their grounds for blocking the registration of your mark. Read the Notice of Opposition. Aim for An Early Settlement.

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Trademark Settlement Registration Blogging 52

The TTABlog

MARCH 11, 2024

On summary judgment, the Board dismissed this petition for cancellation because Grateful American's claims (genericness and lack of acquired distinctiveness) should have been raised in a pending opposition as compulsory counterclaims. Grateful American Apparel LLC v. Grateful American Apparel LLC v. Gildan Activewear SRL , Cancellation No.

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Registration Trademark Copyright 69

The TTABlog

FEBRUARY 29, 2024

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of March 2024. The hearings will be held in person, the first two at TTAB headquarters and the third at Southern University Law Center, Baton Rouge, Louisiana. Dave Dean , Opposition No. Opposition No. Opposition No.

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Registration Art Law Trademark 64

IP Watchdog

JANUARY 17, 2022

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. On January 11, the U.S. Applicant U.S. Software Inc.

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Trademark Designs Design Patent 128

The TTABlog

SEPTEMBER 14, 2023

In its notice of opposition, opposer claimed a likelihood of confusion with its marks STERLING , in standard character and design form, and STERLING COMPUTERS. When it filed an amended notice of opposition, opposer added common law rights in its STERLING marks. International Business Machines Corporation , Opposition No.

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Law Registration Trademark Copying 115

Patently-O

APRIL 14, 2022

In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. by Dennis Crouch. There is a lot going on in Brewery v. Petition ].

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Trademark Registration Marketing Marketing 128

JD Supra Law

NOVEMBER 12, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

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Registration Trademark Patent 102

Patently-O

NOVEMBER 28, 2023

2023) (non-precedential) The case involves Universal Life Church Monastery’s (ULC Monastery) trademark application for the mark GET ORDAINED covering both online retail store services (Class 35) and ecclesiastical services (Class 45) like ordaining ministers. On remand, the TTAB will need to explain its waiver decision.

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Trademark Patent 59

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

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Litigation Trademark Registering Trademarks Registration 59

IP Watchdog

NOVEMBER 2, 2021

Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion.

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Trademark Law Patent Music 115

IP Watchdog

JUNE 1, 2022

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential trademark decision upholding a Trademark Trial and Appeal Board (TTAB) ruling that sustained two oppositions filed by Barclays Capital Inc. against Tiger Lily Ventures’ applications for registration of the standard character mark “LEHMAN BROTHERS.”

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Registration Trademark Litigation Intellectual Property 78

The TTABlog

OCTOBER 6, 2022

Section 2(a) - False Suggestion of a Connection: TTAB Upholds Section 2(a) False Connection Refusal of US SPACE FORCE for License Plate Frames, Umbrellas Precedential No. 24: "PURPLE RAIN" for Dietary Supplements Falsely Suggests a Connection with Prince, Says TTAB Section 2(b) - Governmental Insignia: Precedential No.

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Service Mark Designs Design Ownership 83

IP Watchdog

OCTOBER 28, 2021

On October 27, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB) cancellation of Brooklyn Brew Shop, LLC’s (BBS) standard character mark and dismissed in part, affirmed in part and remanded the TTAB’s decision regarding the opposition of BBS’s mark.

Trademark 119

Trademark Advertising Advertising Litigation 119

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S. Rothschild is appealing.

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Trademark Registration Branding Brands 52

Patent Trademark Blog

FEBRUARY 8, 2022

What factors matter in choosing a trademark opposition attorney? So it appeared that your trademark application was approved and on track to a registration until it got derailed. A third party has filed an opposition with the TTAB to block the registration of your mark. Should you hire a trademark filing service?

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Trademark Settlement Registration Registering Trademarks 52

LexBlog IP

MARCH 21, 2023

In a precedential decision, The Trademark Trial and Appeal Board (“TTAB”) refused to reconsider its decision sustaining an opposition to registration of the mark “LOVETTE” on the basis of likelihood of confusion with the mark “NNENNA LOVETTE.” Appleton , 2023 TTAB LEXIS 64 (TTAB Mar.

Registration 52

Registration Trademark Intellectual Property 52

Erik K Pelton

AUGUST 11, 2020

” And generally, they will almost always file the extension request on the last day of publication, and if an opposition is filed, it will almost always be on the last day. It extends that publication window to make it longer and leaves open the possibility while the extension is running, that the opposition could still be filed.

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Trademark Editing Publishing Patent 130

The TTABlog

DECEMBER 31, 2021

Section 2(a) - Deceptiveness: TTAB Affirms Section 2(a) Deceptiveness Refusal of SMART SUTURE for Bandages Section 2(a) - False Suggestion of a Connection : Precedential No. 31: TTAB Affirms Section 2(a) Refusal of "NATO" for Tents, for Falsely Suggesting a Connection With. You may also follow the TTABlog on Twitter: @TTABlog.

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Cinema Registration Trademark Reporting 69

JD Supra Law

DECEMBER 14, 2021

Fluid”), in an opposition proceeding before the U.S. Trademark Trial and Appeal Board (“TTAB”). The TTAB’s opinion highlights the importance of undertaking a good faith effort to resolve a discovery dispute before filing a discovery motion.

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Trademark 97

Patently-O

APRIL 20, 2023

2023) In this trademark case, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) denying registration of the mark SPARK LIVING for residential real estate, based upon the prior registration of SPARK for commercial real estate. By Dennis Crouch In re Charger Ventures, — F.4th.

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Registration Trademark Patent 69

LexBlog IP

AUGUST 21, 2023

Coulter Ventures, LLC , Oppositions Nos. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023) , the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies of expert reports. Accordingly, the TTAB noted, “a sur-sur-rebuttal should never be necessary.”

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Trademark Reporting Litigation Intellectual Property 52

CoCal IP Law Institute

AUGUST 11, 2023

Please join us Monday, August 14, 2023 where we will discuss Trademark Marking Notice and TTAB Issues. Specific issues will include: What are the requirements of Trademark Marking Notice and how do they affect damages in a lawsuit? In TTAB cancellation or Opposition Proceedings, what topics are permitted in Reply Briefs? [.]

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Trademark Law 40

The TTABlog

OCTOBER 23, 2023

The latest issue of the American Bar Association's Landslide Magazine includes an article by Wolf Greenfield's own Kira-Khanh McCarthy: " The Curtain Falls on the RAPUNZEL Opposition: Law Professor Is Not Entitled to a Statutory Cause of Action." Applicant United Trademark Holdings, Inc., Applicant United Trademark Holdings, Inc.,

Law 80

Law Intellectual Property Registration Technology 80

JD Supra Law

APRIL 21, 2023

Chisena, the Trademark Trial and Appeal Board (TTAB) found in favor of the Major League Baseball Players Association (MLBPA) and New York Yankees outfielder Aaron Judge, sustaining their opposition against three trademark applications. On April 12, in Major League Baseball Players Association and Aaron Judge v.

Trademark 52

Trademark 52

JD Supra Law

NOVEMBER 28, 2022

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (PTO) dismissed the oppositions of ARSA Distributing, Inc. to register the trademarks EUCALIN and EUCALIN and Design (Color) for nutritional supplements and related goods in International Class 5. ARSA Distributing, Inc. Please see.

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Trademark Designs Design Patent 52