Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. In its decision, the TTAB rejected iFIT’s relatedness argument using an analogy to racecar drivers and chemists.

Branding 63

Branding Brands Branding Marketing 63

The TTABlog

FEBRUARY 22, 2022

Universal Life Church Monestary Storehouse , Opposition No. 96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." Applicant's use of the "TM" symbol does not transform the phrase into a trademark. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

Service Mark 76

Service Mark Advertising Advertising Registration 76

Above the Fold

DECEMBER 30, 2022

The song has gained so much popularity since its release in 1994, that Carey sought to take it one step further by filing a petition with the Trial Trademark and Appeal Board (TTAB) to trademark the title “Queen of Christmas.” Chan’s opposition was based on the fact that she had already been dubbed as the “Queen of Christmas.”

Trademark 40

Trademark Trademark Requests Branding Brands 40

The TTABlog

FEBRUARY 2, 2022

The United States District Court for the District of Oregon reversed the Board's decision dismissing an opposition to registration of the mark M ANIMAL for a wide variety of clothing, including "children’s clothing." [ TTABlogged here ]. The TTAB had made that same finding in a different case involving that mark]. 3:20-cv-00623-IM (D.

Registration 40

Registration Advertising Advertising Branding 40

LexBlog IP

FEBRUARY 9, 2022

Both oppositions were sustained on Spotify’s dilution by blurring claim, with the TTAB not reaching Spotify’s likelihood of confusion or dilution by tarnishment claims. 2022 USPQ2D 37 (TTAB 2022). Basis of opposition. 114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. Spotify AB v. Software Inc.,

Television 40

Television Music Advertising Advertising 40

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

The TTABlog

AUGUST 30, 2023

Opposition No. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." That both parties market and sell their products through the Internet is unpersuasive. Monster Energy Company v. SS Vape Brands, Inc.

Designs 57

Designs Design Branding Brands 57