LexBlog IP

OCTOBER 27, 2021

Trademark Opposition strategies. trademark opposition proceedings need not be expensive or protracted. This is one of the surprising conclusions for global trademark owners who seek to protect their rights in the United States. United States trademark oppositions are primarily heard before the U.S.

Trademark 52

Trademark Settlement Registration Government 52

The TTABlog

JULY 2, 2021

Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine? You may also follow the TTABlog on Twitter: @TTABlog. Apple, Inc.

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

JANUARY 4, 2023

. (“Mystery Ranch” or “Opposer”) opposed registration of the DANA DESIGN mark based on an alleged false suggestion of a connection with Mystery Ranch and Dana Gleason, Mystery Ranch’s co-owner, under Section 2(a) of the Trademark Act, 15 U.S.C. § 91250565, 2022 USPQ2d 1151 (TTAB Nov. 30, 2022). .”

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

AUGUST 11, 2021

Third-parties routinely seek extensions of time to file a Notice of Opposition against pending trademark applications. The time to oppose a trademark application is 30 days from the date of publication. Elevated Business Brands. POTENTIAL OPPOSER. DS Double Sisters LP. SERIOUSLY SIMPLE. Unilever Global IP. POLYPHENOL-C.

Branding 52

Branding Brands Branding Trademark 52

The TTABlog

DECEMBER 14, 2021

Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. This note posits that trademark law and the law of standing have grown apart. 667 (December 2021). TTABlogged here.]

Trademark 75

Trademark Law Trademark Law Registration 75

The TTABlog

JANUARY 7, 2022

Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits.

Registration 91

Registration Trademark Law Trademark Law 91

The TTABlog

DECEMBER 12, 2023

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. Srinivasa Rao Gubbala , Opposition No.

Designs 56

Designs Design Registration Business 56

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. trademark TIMELINE OVERVIEW.

Trademark 52

Trademark Registration Intellectual Property Registering Trademarks 52

The TTABlog

DECEMBER 4, 2023

Consolidated Oppositions Nos. entitlement to bring an opposition and/or cancellation proceeding] in the absence of supporting facts." entitlement to bring an opposition and/or cancellation proceeding] in the absence of supporting facts." 175 USPQ 734 (TTAB 1972) ("'REAC' and 'REACH' are literally words apart from each other.

Registration 73

Registration Technology Trademark Blogging 73

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

The TTABlog

JULY 1, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Opposition No. 88671022 [Refusal to register SIGNA ES for "Advising others concerning investments in intellectual property assets and intangible business assets, both directly and indirectly through other entities" on the ground of failure to provide an acceptable specimen of use.]

Intellectual Property 52

Intellectual Property Registration Trademark Law 52

The TTABlog

OCTOBER 3, 2022

Finding Applicant Salud Natural Mexicana's long period of nonuse of its mark EUCALIN for nutritional supplements to be excusable, the Board dismissed this Section 2(d) opposition because Opposer ARSA Distributing was unable to prove priority. 2022 USPQ2d 887 (TTAB 2022) [precedential] (Opinion by Judge Christen M.

Ownership 40

Ownership Litigation Registration Business 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

Patently-O

MAY 2, 2024

In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. This is known as the “trial period” of the opposition proceeding. ” quoting Am.

Trademark 57

Trademark Designs Design Registration 57

The TTABlog

JANUARY 3, 2024

A number of trademark practitioners believe that the TTAB should be issuing more precedential decisions. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. 16: TTAB Finds Guitar Shape for Hotel to be Inherently Distinctive Precedential No.

Registration 85

Registration Ownership Trademark Designs 85

43(B)log

FEBRUARY 23, 2024

The business of the PTO is granting patents/TM. But they have virtually no experience, except in TTAB, with other side of the equation, remedies, 1A limitations, etc. TTAB is better suited, b/c at least get microcosm of LOC cases b/c of competing TM claimants. Think about reinstituting specialization.

Registration 59

Registration Branding Brands Branding 59

The TTABlog

JANUARY 5, 2024

The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2023). 2d 631 (TTAB 2023) [precedential] (Opinion by Judge Melanye K. Curtin v, United Trademark Holdings, Inc. TTABlogged here ]. 2023 U.S.P.Q.2d

Registration 78

Registration Designs Design Ownership 78

Patently-O

APRIL 4, 2023

Apple Computer Company was founded in the mid-1970s and almost immediately sued for trademark infringement by Apple Corps (the parent company of Apple Records). The companies eventually settled the case with Apple Computer paying $80k and agreeing to stay out of the music business. It also filed to register a trademark on the mark.

Music 109

Music Registration Trademark Settlement 109

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

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

Patent Trademark Blog

JUNE 8, 2023

You need your patent or trademark registered, and you need it now. Do they reply to your emails by the end of the business day or the next day? Everyone has busy schedules. Does the new patent attorney have trademark experience? Any business that needs patents will also need trademarks.

Patent 52

Patent Patent Application Cease and Desist Trademark 52

The TTABlog

AUGUST 15, 2022

Branded, LLC , 2022 USPQ2d 742 (TTAB 2022) [precedential] (Opinion by Judge Marc A. Under Section 45 of the Trademark Act, a mark shall be deemed abandoned "[w]hen its use has been discontinued with intent not to resume use. 10 USPQ2d 1064, 1068 (TTAB 1989), aff’d , 892 F.2d Vans, Inc. See Rivard v. Linville , 133 F.3d

Registration 52

Registration Cease and Desist Branding Brands 52

The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. Rebecca Curtin v, United Trademark Holdings, Inc.

Registration 40

Registration False Advertising Trademark Business 40

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. SCt should get out of business of doing IP, but it’s too late. What is to be done?

Trademark 45

Trademark Law Branding Brands 45