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 82

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 113

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

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.

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Trademark Designs Design Patent 52

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. & Design" for Beer? Guess What? Guess What?

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Cinema Registration Trademark Reporting 67

The TTABlog

JULY 1, 2022

16: TTAB Unsurprisingly Finds "NATURE MADE" Confusable With "MADE IN NATURE" for Fruit and Snack Products TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? [Yes]

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Designs Design Ownership Trademark 57

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.

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Registration Designs Design Trademark 52

LexBlog IP

APRIL 5, 2023

This week, the United States Patent and Trademark Office (USPTO) introduced a new pilot program for holding Final Pretrial Conferences (FPC) in certain inter partes disputes (i.e., oppositions and cancellations) before the Trademark Trial and Appeal Board (TTAB). § 2.120(a), but has had no equivalent to the FPC.

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Settlement Government Trademark Litigation 52

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? SPECIAL & Design" Confusable With RADIALWEAR for Clothing?

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Registration Designs Design 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.

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Designs Design Registration Trademark 48

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.

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Registration Designs Design Trademark 52

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. Oovee Ltd , Opposition No. 91248894 (April 2, 2021) (re-designated as precedential, June 1, 2022). Trademark Rule 2.104(c), 37 C.F.R. Seacrets, Inc.

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Ownership Registration Designs Design 40

LexBlog IP

AUGUST 2, 2022

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding. This is an interesting sports trademark case. 4535612 of its Upward Hand Design Mark featured here: UT’s goods included decals in Class 16; and t-shirts and shirts in Class 25. UT relied on its Reg.

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Trademark Designs Design Registration 52

The TTABlog

JULY 25, 2023

The latest issue of Allen's Trademark Digest includes a compilation of my capsule summaries of the precedential "Decisions of the Federal Circuit and the Trademark Trial and Appeal Board on Registrability Issues - July 2022 to June 2023." download pdf here ]. Set out below is my brief introduction to the compilation.

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Registration Music Trademark Designs 52

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).

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Service Mark Advertising Advertising Registration 76

LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. TTAB proceedings have a reputation for being extremely costly and time consuming. Depending on your goals, it is possible to favorably resolve a TTAB contested proceeding in a relatively short amount of time and within a reasonable budget. Jurisdiction.

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Trademark Settlement Registration Litigation 52

The TTABlog

JULY 30, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Opposition No. Opposition No. Alzherimer's New Jersey , Opposition No. TTABlog comment: Since TTAB hearings are supposed to be public, shouldn't these video hearings be available for everyone to (at least) hear? The hearings will be held via video conference.

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Registration Designs Design Trademark 57

The TTABlog

JANUARY 30, 2023

Chun Hua Lo , 2023 USPQ2d 87 (TTAB 2023) [precedential] (Opinion by Judge Elizabeth A. The Board also accorded the literal element ICE MONSTER greater weight than the design element because "[t]he blue rectangle suggests an ice cube and so reinforces the term ICE." Monster Energy Company v. Read comments and post your comment here.

Designs 52

Designs Design Registration Litigation 52

The TTABlog

APRIL 6, 2022

This consolidated opposition proceeding featured two companies battling over rights to the same marks for Albanian brandy. 2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A. 124 USPQ2d 1028, 1033-34 (TTAB 2017). 1 USPQ2d 1139, 1142 (TTAB 1986). 2021 USPQ2d 831, at *18 (TTAB 2021). ADOL Sh.p.k.

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Ownership Registration Trademark Contracts 52

Patent Trademark Blog

DECEMBER 13, 2021

What can cause the USPTO to issue trademark sanctions? Imagine investing the time and expense of filing a US trademark application only to have it terminated by the USPTO. The unauthorized practice of law in filing US trademark applications can lead to such sanctions by the USPTO. What is the unauthorized practice of law?

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Trademark Registering Trademarks Licensing Registration 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.,

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Television Music Advertising Advertising 40

The TTABlog

APRIL 17, 2023

Chizena went down swinging in this consolidated opposition to his applications to register the word marks ALL RISE and HERE COMES THE JUDGE and the design mark shown below, for "clothing, namely, t-shirts, shirts, shorts, pants, sweatshirts, sweatpants, jackets, jerseys, athletic uniforms, and caps." Chizena , Oppositions Nos.

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Trademark Designs Design Licensing 95

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.

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Trademark Registration Intellectual Property Registering Trademarks 52

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." Balancing the relevant DuPont factors, the Board found that SS Vape's mark is not likely to cause confusion, and so it dismissed the opposition. Monster Energy Company v.

Designs 57

Designs Design Branding Brands 57

The IPKat

MARCH 27, 2022

Court of Appeals for the Federal Circuit held that the Trademark Trial and Appeal Board (TTAB) of the USPTO correctly refused to register the mark ".SUCKS SUCKS ", in standard characters and a stylized, pixelated font, because it does not function as a trademark for the services of the applicant's domain name registry operator.

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Blogging IP Reporting Journalism 76

The TTABlog

MARCH 14, 2022

In this consolidated opposition proceeding, Opposer Revolution Jewelry Works disclosed Applicant Stonebrook Jewelry's attorneys'-eyes-only (AEO) information in a TTAB filing and allowed its principal to attend an AEO deposition unbeknownst to Stonebrook. Revolution Jewelry Works, Inc.

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Designs Design Confidentiality Government 86

The TTABlog

JULY 1, 2021

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Opposition No. TTABlog comment: Since TTAB hearings are supposed to be public, shouldn't these video hearings be available for everyone to (at least) hear? Bee) has scheduled seven (VII) oral hearings for the month of July 2021. The hearings will be held via video conference.

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Intellectual Property Registration Trademark Law 52

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.,

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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.

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Trademark Designs Design Registration 57

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. Who Owned the Mark?:

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Ownership Litigation Registration Business 40

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.

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Registration Ownership Trademark Designs 85

The TTABlog

JANUARY 5, 2023

24: "PURPLE RAIN" for Dietary Supplements Falsely Suggests a Connection with Prince, Says TTAB Section 2(b) - Governmental Insignia: Precedential No. 19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(c) - Consent of living individual Precedential No.

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Registration Designs Design Ownership 78

43(B)log

FEBRUARY 23, 2024

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. Lemley: suggests maybe the existence of the opposition process changes things. Fraud on the PTO as an option?

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Registration Branding Brands Branding 59

The TTABlog

OCTOBER 2, 2023

Section 2(a) - Deceptiveness: TTAB Deems "THE OFFICIAL WEBSITE OF JEKYLL ISLAND" Deceptive for Promoting Tourism and Recreation Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Mugs, Pastries, and Coffee Shops Related to Tote Bags and Shirts for Section 2(d) Purposes? Precedential No. TTABlog Test: Is "S!MPLY"

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Reporting Trademark Registration Designs 62

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 ].

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Registration Designs Design Ownership 78

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co. Shenzhen IVPS Tech.

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Designs Design Registration Copying 40

The TTABlog

JANUARY 2, 2024

Yes] Lack of Actual Actual Confusion Leads to Dismissal of FICO Challenge to FIDO for Fraud Prevention Software and Services TTABlog Test: Are these Two Design Marks Confusable (for Rice)? Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. Precedential No. KEEP AMERICA GREAT! Guess What?

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