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.

Registration 73

Registration Trademark Social Media Designs 73

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?

Designs 52

Designs Design Trademark Copyright 52

JD Supra Law

JANUARY 19, 2024

Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the petitioner’s evidence of prior use that was “analogous to trademark use.” 92064830 (TTAB Jan.

Registration 107

Registration Trademark Designs Design 107

LexBlog IP

JANUARY 27, 2022

Trademark Scam Alert: Fraudulent Low-cost trademark design & filing sites. The United States Patent and Trademark Office (USPTO) has announced a number of show-cause orders and exclusion orders issued by the Commissioner for Trademarks. Design Iconix. Design Logo USA. Designing Territory.

Designs 52

Designs Design Trademark Branding 52

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Precedential No.

Designs 57

Designs Design Registration Trademark 57

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

FEBRUARY 7, 2022

In a nonprecedential disposition, the CAFC upheld the TTAB's decision [pdf here ] granting a petition for cancellation of a registration for the mark ETHIK CLOTHING CO. & Design for various clothing items. The Board deemed confusion likely with the mark ETHIKA for overlapping clothing items. Text Copyright John L. Welch 2022.

Designs 57

Designs Design Registration Trademark 57

IP Law 360

JANUARY 17, 2024

The Trademark Trial and Appeal Board has thrown out a bid from The Men's Wearhouse to cancel a trademark on a design related to various travel and bag apparel, noting it was moot since the registration had technically lapsed by the time the bid was filed.

Registration 52

Registration Designs Design Trademark 52

Kashishipr

AUGUST 25, 2021

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark. As a result, Ferrari’s mark was cancelled concerning vehicles due to non-use but remains valid for toy cars.

Editing 105

Editing Law IP Designs 105

The TTABlog

JANUARY 29, 2024

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled two oral hearings for the month of February 2024. [It Bull Creek Brewing, LLC , Cancellation No. It is a short month]. Both hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.

Registration 67

Registration Designs Design Trademark 67

The TTABlog

JANUARY 3, 2022

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. Read comments and post your comment here. Welch 2022.

Designs 44

Designs Design Registration Licensing 44

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. Cancellation No. referred to as the "Ridge Designs").

Registration 68

Registration Advertising Advertising Designs 68

IPilogue

OCTOBER 21, 2022

On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled.

Trademark 104

Trademark Branding Brands Branding 104

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

Trademark 52

Trademark Branding Brands Branding 52

IP Law 360

JULY 14, 2022

In the first half of 2022, the Federal Circuit held that Coca-Cola failed to show reputational injury to justify canceling a smaller rival's trademarks on the same names of popular Coke sodas sold in India, while the Trademark Trial and Appeal Board found that a popular bamboo handbag was generic based on the fashion designer's public statements.

Trademark 75

Trademark Reporting Designs Design 75

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] No] TTABlog Test: (No WYHAs Here!) How Did These Three Recent Section 2(d) Appeals Turn Out?

Service Mark 82

Service Mark Designs Design Ownership 82

JD Supra Law

JUNE 27, 2023

Patent & Trademark Office cancelled the asserted patent—U.S. Design Patent No. On June 5, 2023, Judge Engelmayer (S.D.N.Y.) dismissed Plaintiffs' infringement claims against Defendants. After the U.S.

Design Patent 52

Design Patent Patent Designs Design 52

The TTABlog

SEPTEMBER 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of September 2023. Jacobson & John LLC , Cancellation No. Laurent Colasse , Cancellation No. Laurent Colasse , Cancellation No. Briefs and other papers for each case may be found at TTABVUE via the links provided.

Registration 67

Registration Designs Design Trademark 67

LexBlog IP

APRIL 6, 2023

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “ a three dimensional configuration of two ridges located along the center of a safety helmet.”

Registration 52

Registration Trademark Advertising Advertising 52

The TTABlog

OCTOBER 3, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled ten oral hearings for the month of October 2023. Kenneth Harris Hyman , Cancellation No. Chehade , Cancellation No. Seven of the hearings will be held via video conference; three will be "In Person," as indicated below. October 12, 2023 - 2 PM: Hoodrich Ltd v.

Registration 67

Registration Designs Design Business 67

LexBlog IP

JANUARY 18, 2023

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. In that case, San Antonio filed a proof of service in which it stated that it had served Jiaxing through the Director of the United States Patent and Trademark Office (USPTO).

Trademark 52

Trademark Registration Designs Design 52

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

Trademark 105

Trademark Intellectual Property Registration Designs 105

The TTABlog

APRIL 3, 2023

TTAB Sustains Section 2(d) Opposition to RAMEN HOOD & Design for Asian-Themed Restaurant Services TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTABlog Test: Is AGI2 for Lighting Fixtures Confusable With AGI & Design for Architectural Signage Lighting? Precedential No. Guess What?

Registration 70

Registration Designs Design Trademark 70

The TTABlog

MAY 7, 2024

Trademark Rule 41(a)(1) provides that "In appropriate cases, ownership of one or more active prior registrations on the Principal Register. Turning to the articles submitted by applicant, the Board pointed out that they deal with collaborations between fashion designers and alcoholic beverage brands. Casagrande). In re Rogers , Ser.

Registration 62

Registration Branding Brands Branding 62

Patent Trademark Blog

JANUARY 4, 2024

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Afterwards, you file a Madrid application designating multiple foreign countries. Not exactly.

Registering Trademarks 52

Registering Trademarks Trademark Registration Blogging 52

SpicyIP

OCTOBER 27, 2023

Example: When opt-out/ unsubscribing services are hidden or require multiple steps to arrive at the cancellation page. Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The TTABlog

JUNE 30, 2023

TTABlog Test: Is CLAIM WATCHER Confusable With CLAIM WATCH & Design for Certain Insurance Claim Services? [No] TTABlog Test: Is "K2 MOTORCARS & Design" Confusable With "K2 MOTOR & Design" For Automobile-Related Services? [No] No] TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?

Ownership 57

Ownership Registration Designs Design 57

SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. Who was the competent authority that directed the cancellation of the exams?

Patent 59

Patent Higher Education Designs Design 59

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

Branding 52

Branding Brands Branding Marketing 52

The TTABlog

JANUARY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (6) oral hearings for the month of February 2023. Knuckle Sandwich LLC , Cancellation No. Knuckle Sandwich LLC , Cancellation No. Cancellation No. Briefs and other papers for each case may be found at TTABVUE via the links provided. Haas Outdoors, Inc.

Television 57

Television Registration Art Designs 57

JD Supra Law

DECEMBER 1, 2021

Fashion brand Thom Browne has taken its trademark battle with Adidas overseas, urging a London court to cancel more than 20 of Adidas’s U.K. trademarks for its three-stripe design. This suit is part of an ongoing dispute between the brands that has spanned the globe for more than three years. By: Arent Fox

Trademark 52

Trademark Branding Brands Branding 52

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. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Designs 70

Designs Design Television Ownership 70

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

Government 105

Government Trademark Patent Patent Application 105

Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

Trademark 52

Trademark Cease and Desist Registration Patent Application 52

LexBlog IP

NOVEMBER 30, 2023

On November 30, 2023, the United States Patent and Trademark Office (“USPTO”) officially retires their clunky, 90s-era Trademark Electronic Search System (the “Old TESS”). NOTE: “True” may mean a mark is pending or registered, while “false” may mean a mark is either abandoned or canceled.

Registration 52

Registration Designs Design Trademark 52

SpicyIP

SEPTEMBER 6, 2021

& Anr passed an interim injunction in favour of the plaintiff restraining the defendants and its associates from using in any manner the trademark RAJDHANI or any other trademark which is deceptively similar to the trademark of the plaintiff [September 1, 2021]. Delhi High Court in Dassault Systems v. Bombay High Court.

Designs 113

Designs Design Inventor Trademark 113

The TTABlog

AUGUST 3, 2022

Pet Go Round of Greensboro , Cancellation No. The Otto Roth rule is applicable to trademark registration cancellation proceedings as well. Natural Dog Acquisition LLC v. 92074028 (August 2, 2022) [not precedential] (Opinion by Judge Albert Zervas). Respondent established a first use date of December 2013. Universal Foods Corp.,

Law 52

Law Registration Designs Design 52