The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

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Registration Cease and Desist Branding Brands 52

LexBlog IP

APRIL 17, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the limitations of tacking and its application in establishing priority in trademark disputes. The dispute centered on Bertini’s opposition to Apple Inc.’s The reverse is not true.”

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Trademark Music Branding Brands 52

The TTABlog

FEBRUARY 8, 2022

Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. Plaintiff's only involvement was filing the Notice of Opposition.

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Litigation Branding Brands Branding 75

The TTABlog

JANUARY 18, 2022

Topco Holdings opposed registration of READY4LIFE for sanitizers for personal use, alleging a likelihood of confusion with its registered marks READY FOR LIFE and SIMPLY DONE READY FOR LIFE for various personal goods and cleaning products. 117 USPQ2d 1518, 1523 (TTAB 2016). 17 USPQ2d 1216, 1217 (TTAB 1990). Topco Holdings, Inc.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications.

Trademark 52

Trademark Registration Intellectual Property Intellectual Property Law 52

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

JANUARY 5, 2022

Tempting Brands Netherlands B.V. 2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. 2021 USPQ2d 1191 (TTAB 2021) [precedential] (Opinion by Judge Mark Lebow). A single-color mark on a product design is registrable only upon a showing of acquired distinctiveness. The United States Olympic Committee v.

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Registration Advertising Advertising Music 111

Patently-O

FEBRUARY 16, 2023

.” Rogozinski had published a book titled WallStreetBets and also filed trademark registration application for the mark WALLSTREETBETS, with him as the owner. Immediately after removing Rogozinski from control, Reddit filed competing registration applications for the same mark and continues to control the subreddit.

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Ownership Registration Contracts Branding 55

LexBlog IP

DECEMBER 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Jump to: Trademark Timeline Overview. Q: What happens once I file a trademark application? Trademark Intake Form. Trademark Search. Trademark Application Preparation. Third-party Opposition. Registration.

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Trademark Registration Intellectual Property Registering Trademarks 52

The TTABlog

SEPTEMBER 20, 2021

The appellate court ruled that because the jurisdiction of the TTAB is limited to the issue of registrability and does not extend to "use" of a mark or allow for broader remedies, the earlier TTAB judgments against Beasley "do not carry claim preclusive effect against subsequent Article III infringemeent proceedings under section 43(a)."

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Registration Litigation Trademark Branding 78

The TTABlog

APRIL 6, 2022

This consolidated opposition proceeding featured two companies battling over rights to the same marks for Albanian brandy. Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." 124 USPQ2d 1028, 1033-34 (TTAB 2017).

Ownership 52

Ownership Registration Trademark Contracts 52

The TTABlog

NOVEMBER 1, 2021

The Board sustained an opposition to registration of SNORE DOCTOR for "nasal dilators; therapeutic mouthpieces for the prevention of snoring" [DOCTOR disclaimed], finding confusion likely with Opposer James S. Brown Innovation, LLC , Opposition No. 217 USPQ 68, 70 (TTAB 1983), citing Pneutek, Inc. Interstate Brands Corp.

Law 62

Law Licensing Registration Branding 62

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].

Registration 40

Registration Advertising Advertising Branding 40

IP Intelligence

SEPTEMBER 21, 2021

2] To resolve this constitutional defect in the IPR process, the Arthrex decision instructed that the director of the United States Patent and Trademark Office (USPTO) “may review final [Patent Trial and Appeal Board, or PTAB] decisions and, upon review, may issue decisions himself on behalf of the Board.” [3] Arthrex, Inc.

Trademark 52

Trademark Registration Music Patent 52

LexBlog IP

SEPTEMBER 21, 2021

” [2] To resolve this constitutional defect in the IPR process, the Arthrex decision instructed that the director of the United States Patent and Trademark Office (USPTO) “may review final [Patent Trial and Appeal Board, or PTAB] decisions and, upon review, may issue decisions himself on behalf of the Board.” Arthrex, Inc.

Trademark 52

Trademark Registration Music Blogging 52

LexBlog IP

JUNE 13, 2023

Sadly, the story is the opposite for federal trademarks. NCG”) was denied federal registration for its trademarks: BAKKED and (collectively the “Marks”) by the United States Patent and Trademark Office (“USPTO”). The Trademark Trial and Appeal Board (the “Board”) in a precedential, i.e., binding opinion , said no.

Trademark 52

Trademark Registration Advertising Advertising 52

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

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

AUGUST 30, 2023

SS Vape Brands, Inc. 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." The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g.,

Designs 57

Designs Design Branding Brands 57

IP Intelligence

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

LexBlog IP

OCTOBER 21, 2022

JHO Intellectual Property Holdings LLC , 2022 USPQ2d 770 (TTAB 2022) ( link ), the Trademark Trial & Appeal Board (the Board) granted the Prince Estate’s [i] motion for partial summary judgment against a third-party application for PURPLE RAIN. 1052(d); (2) dilution by blurring under Trademark Act Section 43(c), 15 U.S.C.

Intellectual Property 52

Intellectual Property Trademark Branding Brands 52

DuetsBlog

OCTOBER 21, 2022

JHO Intellectual Property Holdings LLC , 2022 USPQ2d 770 (TTAB 2022) ( link ), the Trademark Trial & Appeal Board (the Board) granted the Prince Estate’s [i] motion for partial summary judgment against a third-party application for PURPLE RAIN. 1052(d); (2) dilution by blurring under Trademark Act Section 43(c), 15 U.S.C.

Intellectual Property 52

Intellectual Property Trademark Branding Brands 52

43(B)log

FEBRUARY 23, 2024

Volume of decisions by hearing officers: registrability decisions have first mover advantage. But they have virtually no experience, except in TTAB, with other side of the equation, remedies, 1A limitations, etc. One of the risks of looking at only one side is that you can’t actually grant a “narrow” registration.

Registration 59

Registration Branding Brands Branding 59

LexBlog IP

JULY 26, 2022

This is not so in the US, which has a very broad definition of what comprises a trademark in 15 U.S.C. Section 1127: A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.

Registration 52

Registration Trademark Advertising Advertising 52

LexBlog IP

FEBRUARY 12, 2022

law is a certification mark and protection is achieved via registration similar to a trademark. Under the Trademark Act (15 U.S.C.§ Organizations that certify such characteristics may apply to register their marks at the US Patent and Trademark Office (USPTO). for the term Gruyère against some very large U.S.

Public Domain 59

Public Domain Registration Journalism Designs 59

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Similar with registration agencies—a firehose coming at them.

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Trademark Law Branding Brands 45